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JANUARY 31, 1900. 









February 2, 1900. — Read, refeiTed to the Committee on the Philippines, and 

ordered to be printed. 

r* To the Senate and House of Representatwes: 

? I transmit herewith, for the information of the Congress, a report 
of a commission appointed by me on January 20, 1899, to investigate 
affairs in the Philippine Islands. 

William McKlnley. 
Executive Mansion, 

February ^, 1900. 




J ^etter transmitting report to the President 1 

(Instructions — Organization — Preliminary report.) 
Pakt 1. Efforts of the commission toward conciliation and the establishment 

of peace 3 

-(Commission not appointed a "Peace Commission" — Proclama- 
tion; its effect; interviews with Arguelles, emissary of Aguinaldo — 
Interviews and efforts at peace with other emissaries of Aguinaldo; 
amiouncement of the President's proposed scheme of general gov- 

Part II. The native peoples of the Philippines 11 

("Filipinos" — Three distinct races, Negrito, Indonesian, Ma- 
layan — Divided into numerous tribes, Christian, Mohammedan, and 
pagan; collectively they do not form a nation or people — Table of 
tribes, giving name, number, habitat — Estimate of jiopulation, 
8,000,000 — Schedule of territory occupied by more important tribes.) 

Part III. Education 17 

(Fitness of people to maintain popular government dependent on 
enlightenment of masses — Previous educational advantages — Rela- 
tion between school-teachers and population in Philippines — Table 
of towns, population, teachers — Teachers wholly inadequate to needs 
of people — Instruction given in primary schools according to regu- 
lations, and according to practice — Inadequacy of instruction given — 
Deficiency of schoolhouses and proper appliances for instruction — 
Secondary education: College of San Juan de Letran and the Ateneo; 
Normal schools — Comparison of the state of illiteracy in the Philip- 
pines with that of Massachusetts — Higher education: University of 
Santo Tomas and the College of San Jose; The school of arts and 
trades; The school of agriculture. Nautical school; School of paint- 
ing and sculpture; Theological seminaries; Military academy; The 
kind of work done in these schools — The capacity of the native — 
Some conclusions.) 

Part IV. The Government of the Philippine Islands 43 

Chapter I. The Spanish Government of the Philippines 43 

(Table of governmental divisions: Municipal government. — 
The Maura law — Electors; the principilia; delegates elected 
by them — The municipal tribunal — The captain; his duties; 
his lieutenant.s — Disciplinary jurisdiction over municipal 
tribunal — Resources of municipal tribunal — Estimates of 
receipts and expenditures of municipal tribmial — The collec- 
tion of municipal taxes — Examples of taxes — Land tax — The 



Part IV. The Government of the Philippine Islands— Continued. Page. 

Chapter I. The Spanish Government of the Philippines— Continued. 

expenses of municipal tribunal; examples of expenses — 
Municipal public works — Accounts of the tribunal — Cabeza 
de Barangay — His duties and qualifications — The reverend 
parochial priest, and the part he plays in municipal govern- 
ment — Rural police — Justice of the peace and his functions — 
Municipal home rule among Filipinos — Evils of Spanish cen- 
tralization in government — Observations on foregoing sys- 
tem of municipal government. 

Provincial government. — Provinces and military districts; 
Luzon; the Visayan Islands; Mindanao and the Sulu Archi- 
pelago — Provincial or ci\al governors; their qualifications, 
powers, and functions; their compensation — The provincial 
councils, their duties — Administration of pro\ancial treas- 
ury — Observations on the provincial comicil. 

77ie general government. — Relation between the general 
government of the archipelago and the Government at 
Madrid — The colonial department in Madrid — The governor- 
general of the archipelago; his functions — Advisory coun- 
cils to the governor-general — General directorate of civil 
administration — Financial administration of the archipelago; 
intendency-general of finances; general orders for pay- 
ments; general controlling ofl&ce of the State; central treas- 
ury; deposits — Administration of the Manila customs house — 
The tariff board — The annual budget of the PhiUppines; 
items of expenditures — Annual revenue; items of revenue — 
Obser\^ations on the general government.) 

Chapter II. Governmental reforms desired by Filipinos 82 

(Discontent of Filipinos with former government — Fili- 
pinos and independence — The Filipinos' bill of rights — 
Their demand for municipal and provincial home rule — 
List of provinces and military districts, with their capi- 
tals, areas, population, etc. — Question as to preserving 
these provincial divisions or amalgamating them on racial 
or tribal lines — Matter of delegation of larger powers to 
the provincial and municipal government — Desirability of 
substituting civil for military government — What the Fili- 
pinos seem to want in the way of local autonomy — Discus- 
sion of some of the articles of Aguinaldo's constitution — 
The Filipinos' ideal of a general government — Paterno's 
scheme of autonomy.) 

Chapter III. Plan of government for the Philippines 97 

(Provincial and municipal governments — Commission's 
opinion they should enjoy substantially the rights, privi- 
leges, and immunities of counties and towns in a United 
States Territory — Necessity of small body of American 
oflBcials of ability, integrity, and tact — The so-called 
"residents" in other systems of government compared — 
The Philippines imder an American protectorate — Situa- 
tion in the Straits Settlements, or other British protected 
states, not analogous — The Philippine conception of a 
protectorate impracticable, infeasible — The Philippines as 
an American colony — Review of other colonial systems — 
Colonial system not reconuiiended for the islands.) 


Part IV. The Government of the Phihppine Islands — Continued. page. 

Chapter III. Plan of government for the PhiUppines — Continued. 

(Territorial government as a model for the Philippines — 
Observations on the Territorial system of the United 
States — Its origin — Jefferson's attitude toward it — Com- 
mission believes it safe and desirable to extend to the 
Filipinos larger liberties of self-government than Jeffer- 
son approved of for the inhabitants of Louisiana — Believes 
the Territorial system to be sufficiently flexible and best 
adapted to the form of government required in the 
islands — The powers of Congress over the Philippines — 
Adaptation of Territorial system to the islands would not, 
in commission's opinion, mean an extension to them of 
the Constitution and all the laws of the United States — 
The Philippine civil service — Most offices should be 
filled by Filipinos; certain number Americans will be 
required — Successful government of the islands requires 
a civil service of high order — Must be in large measure 
permanent, and all grades open to qualified natives — 
The number of Americans needed in the service — The 
number can be greatly less than those sent by Spain; 
they can and should be better paid, with, nevertheless, 
a great economy in the service — Comparison with num- 
ber of British required in the Burma and other services — 
Financial relations of the United States to the Philip- 
pine Islands — Assimilation of customs duties to those of 
the United States not thought to be required — Short table 
of comparative duties on chief imports — Two funda- 
mental principles on which successful administration of 
of finances of dependent territories rest — Finances must 
be managed for benefit of people of dependent territory 
and not of sovereign power — They must be self-sufficient 
and supporting — Revenues of the islands should be 
locally deposited and expended — Recommendation that 
experts of Treasury Department be sent to the islands to 
study tariff and other matters — Time when this scheme 
of government should go into operation; should be 
gradual, but without delay; speedy establishment of civil 
government required — Encouraging prospects for the 
government of the Philippines; commission believes task 
easier than generally supposed; Filipinos are of promis- 
ing material, possessing manj' admirable virtues; are 
desirous of education and advancement; when peace 
restored will be found law-abiding citizens; already some 
educated Filipinos showing high attainments and refine- 
ment; the commission believes the system of govern- 
ment herein recommended to be in accord with the 
views and aspirations of the more educated and intelli- 
gent FiUpinos. 
Some conclusions concerning government.) 

Part V. The judicial system 122 

(As it existed under Spanish rule; supreme and superior courts; 
justices' courts; the attorney -generals and assistant attorney-gen- 
erals — The justices' com-ts were subordinate to the superior court of 


Part V. The judicial system — Continued. Page. 

Manila — Superior criminal court at Cebu — Present judicial estab- 
lishment under the military government — The supreme court; of 
whom composed — The attorney-general — Courts of first instance 
and the judges thereof — Spanish law administered, with modifi- 
cations — Nature of criminal procedure under the Spanish code — 
Desirability of establishing United States court — Jurisdiction of 
such a court — United States district courts — How the territory 
should be divided.) 

Pabt VI. The condition and needs of the United States in the Pliilippines 

from a naval and maritime standpoint 127 

1. Naval 127 

(Owing to mountainous nature of islands and lack of roads and 
railroads, communication necessarily by water — The protection of 
this communication necessarily rests on Navy — Smuggling must be 
guarded against by efficient na^^ patrol — Desirable to make the 
islands important naval station; also stations for repair and supply — 
Number, size, and location of such stations can best be determined 
by a naval commission on the ground — One should be near Manila 
Bay — Cavite good for small station — Subig Bay advantageous for 
large-draft ships — Its advantages — Secondary stations in other parts 
of islands.) 

2. Maritime 129 

(Existing maritime surveys and charts of the archipelago very 
imperfect, making navigation dangerous — Great lack of lights and 
other aids to navigation — A commission should decide on subjects 
connected with aids to navigation — Lighting and buoying channels 
should proceed — Labor, material, and cost of maintenance less than 
in United States.) 

Part VII. The secular clergy and religious orders 130 

(Antagonism to the friars — It was one of the causes of the rebel- 
lion of 1896 — They were taken prisoners by insurgents in 1898 — 
The charges against them — It is not antagonism against the 
church itself — Advisability of purchasing monastery lands — The 
church estabhshment in the islands — The archbishopric of 
Manila — The diocese of Nueva Segovia, of Cebu, of Nueva 
Caceres, of Jaro — The religious corporations — The Augustins, 
the Dominicans, the Recoletos, the Franciscans, the Capuchins, 
the Benedictines, the Society of Jesus, the Paulists, Sisters of 

Part VIII. A Registration law 137 

(Commission much besought in matter of new law of registra- 
tration — Registration of marriages, births, and deaths formerly 
made by parish priests — Spanish law establishing civil registra- 
tion did not extend to Philippines — Civil registration greatly 
desired by the people. 

The law of marriage. — Marriage law and customs under Span- 
ish rule — Only canonical law existed — No civil marriage — 
When civil code was extended to Philippines the civil marriage 
law was excepted — Civil marriage greatly desired by the 
people— The law of 1869 thought to be adapted to the needs of 
of the people — Synopsis of this law — Important that the mar- 
riage law be determined speedily.) 



Part IX. The currency 142 

(Prior to 1857 Philippines had no money of their own — Money of 
other countries circulated there — Money was scarce and its value 
fluctuating — In early part of present century there were many 
monetary crises — Many ineffective orders issued to cure disorders, 
and the confusions — Review of past legislation on the subject— 
The opinion held by certain business men on the situation — Paper 
currency much needed in the islands.) 

Pakt X. The Chinese in the Philippines 150 

(From ancient days the Chinese have traded with the islands — 
After Legaspi founded Manila Chinese began to settle in the is- 
lands — Their number continually grew — Middle of seventeenth 
century there were nearly 30,000 in neighborhood of Manila — 
They at one time revolted and attacked the town — This caused 
restrictions on immigration — Seiior Norzaray's reports on the 
Chinese in 1859 — Spanish legislation relative to exclusion and 
proscription of Chinese immigration — Effort at later time to 
exclude Chinese — The number of Chinese in the archipelago 
about 40,000, most of whom are in and about Manila — Birth 
rate and death rate — Effect of unrestricted immigration— Much 
opposed by the natives on account of competition with labor — 
If properly restricted, immigration advised by many — Chinese 
customs, occupations, and methods in business — The reasons for 
their success.) 

Part XI. Public health 160 

(The prevailing diseases in the islands are fevers, typhoid, 
malarial, and dengue — Diarrhea and dysentery very common — 
Beri-beri also present — Tuberculosis common — Leprosy also is 
found— The climate, how it affects Europeans— Matter of wear- 
ing apparel, food, baths — Attention to public sanitation much 
needed — Testimony of Drs. Flexner and Barker.) 


Exhibit I. The preliminary report of the commission, dated November 2, 

1899 169 

II. Instructions of the President to the commission, dated January 

20,1899 185 

III. Letters brought by Arguelles to the commission, April 29, 1899. 187 

IV. The constitution of the so-called Philippine republic (otherwise 

known as the Malolos constitution), of January 21, 1899 189 

V. A proposed constitution for the island of Negros (drafted by some 
of the leading citizens with the aid and supervision of Colonel 

Smith) -. 202 

VI. A draft of a constitution prepared for the commission by certain 

eminent Filipinos 216 

VII. Paterno's scheme of government (being scheme of autonomous 
government proposed to Spain June 19, 1898, prior to Ameri- 
can occupation of Manila) Faces page 228 

VIII. Kirkwood's memorandum on the administration of British 
dependencies in the Orient (prepared at request of commis- 
sion) 229 

IX. Communication with respect to a department of health in the 

Philippines 262 


Washington, D, C, January Slst^ 1900. 
To the President. 

Sir: The undersigned, who were appointed by you in the month of 
Januaiy, 1899, to examine into the conditions existing in the Philippine 
Islands, have the honor to submit the following report. The prelimi- 
nary report made by the Commission, of date November 2, 1899, is 
appended hereto as Exhibit I and made a part of this report. 

As originally constituted, the Commission was composed of Jacob 
Gould Schurman, of New York; Maj. Gen. Elwell S. Otis, of the 
United States Armj^; Rear- Admiral George Dewey, of the United 
States Navy; Charles Denby, of Indiana; Dean C. Worcester, of 
Michigan, Commissioners. John R. MacArthur, of New York, was 
selected as Secretary and Counsel of the Commission, and Rutherford 
Corbin as Assistant Secretary. 

On Januaiy 18, 1899, the civilian Commissioners met at Washing- 
ton, received the President's instructions to the commission, a copy 
whereof is appended hereto as Exhibit II, and took the necessaiy steps 
to secure clerks and stenographers, and to form a preliminary organi- 
zation. They then adjourned, with the understanding that thej' should 
proceed as quickly as possible to Manila, where their next meeting 
should be held. 

In pursuance of that determination, the civilian members of the 
Commission, except Commissioner Denby, who was detained by 
public business, left America the latter part of January and reached 
Manila on the 4th of March, 1899. The last-named Commissioner 
arrived at Manila the 2d of April, 1899. 


Rooms for offices were assigned to the Commission and its staff in 
the "Audiencia," a large building within the walled city near the 
headquarters of Major-General Otis and formerly used b}^ the supreme 
court of the archipelago. In these rooms regular daily sessions of 
the Commission were held, witnesses examined, visitors received, and 
business transacted. The Commission also received visitors and 
attended to business at its residence in Malate, a suburb of Manila. 
The witnesses and visitors who came before the Commission, in and 
S. Doc. 138 1 1 


out of session, ut its office and at its residence, were natives from 
many parts of tiie archipelago and men of the various nationalities 
living in and doing business in the islands, to wit: American, Austrian, 
Belgian, Chinese, English, French, German, and Spanish. The}" were 
men of all classes, and among them the more leading and prominent 
men, bankers, brokers, merchants, lawyers, physicians, railroad men, 
shipowners, educators, and public officials, both under the Spanish 
and under the present American sovereignty'. 

The matters examined and testified about included almost every 
subject touching the islands — government; political, social, and racial 
questions; law; currency'; the Chinese question; education; public 
lands; public property and institutions; church property; agriculture; 
forestr}^; meteorolog}"; mines; railroads; commerce, etc. The opin- 
ions of witnesses were, in most instances, freely given and b}" them 
permitted to be taken and recorded. They will be found in the 
appendix of testimonj^ printed with this report. 

Much valuable information has also been derived from documents 
and papers, both public and private, in Spanish and Tagalog, and from 
the daily press in Spanish, Tagalog, and English. One of the chief 
sources, however, for the formation of the Commission's opinion has 
been the daily personal intercourse freely and constantly had with the 
people of the islands. 

At the time of the appointment of the Commission hostilities had 
not begun between our forces at Manila and the insurgents. It was 
expected that one of the objects of our mission would be to facilitate 
the most humane and effective extension of our authority over the 
Philippine Islands, and to secure with the least possible delay to the 
people the benefits of a civil government. 

W e were directed to advise you of the necessary steps to be taken 
for the organization of a civil administration of government, and to 
recommend suitable persons for appointment to office. 

The commencement and continuation of hostilities greatly interfered 
with the discharge of these specific duties. 

As war existed, the military authority was supreme. We could not 
fail to acknowledge this supremacy, but at the same time we sought 
in every possible way consistent with our subordination to the military 
authority to bring about peace. Our efforts to conciliate the natives 
and to terminate hostilities are set forth in Part I. 

Jacob Gould Schurman. 
George Dewey. 
Charles Denby. 
Dean C. Worcester. 
John R. MacArthur, 



At the time of the Commission's appointment peace existed in the 
islands. On the arrival of the civilian members in Manila hostilities 
had been in progress for a month. The Commission was not appointed 
as a ''Peace Commission," as it has been often called. It was appointed 
as a civil Commission to accomplish the objects set forth in its instruc- 
tions, one of which was to assist in the peaceful extension of American 
authority and the establishment of cixdl and peaceful government 
among the people. (Instructions, Exhibit II.) In pursuance of these 
instructions, and finding hostilities to exist, the Commission set to work 
to discover what it might do to help in bringing those hostilities to an 
end. Throughout its stay unremitting efforts in that direction were 
made along with its work on the other matters which had been intrusted 
to it. It early became convinced that the Tagalog rebellion was due 
to the ambitions of a few and the misunderstanding of the man3\ To 
clear away such misunderstanding, it issued, April 4, 1899, a procla- 
mation to the people, as in its instructions it had been given power 
to do. In its English version the proclamation was as follows: 

To the people of the Philippine Islands: 

The treaty of peace between the United States and Spain, ratified 
several weeks ago by the former, having on March 20 been ratified by 
the latter, the cession to the United States, as stipulated by the treaty, 
of the sovereignty which Spain possessed and exercised over the Phil- 
ippine Islands has now, in accordance with the laws of nations, 
received a complete and indefeasible consummation. 

In order that the high responsibilities and obligations with which 
the United States has thus become definitively charged may be fulfilled 
in a way calculated to promote the best interests of the inhabitants of 
the Philippine Islands, His Excellency the President of the L'nited 
States has appointed the undersigned a civil commission on Philip- 
pine affairs, clothing them with all the powers necessary for the exer- 
cise of that office. 

The Commission desire to assure the people of the Philippine Islands 
of the cordial good will and fraternal feeling which is entertained for 
them by His Excellency the President of the United States and by 
the American people. The aim and object of the American Govern- 
ment, apart from the fulfillment of the solemn obligations it has 
assumed toward the family of nations by the acceptance of sovereignty 


over the Philippine Islands, is the well being, the prosperity, and the 
happiness of the Philippine people and their elevation and advance- 
ment to a position among- the most civilized peoples of the world. 

His Excellency the President of the United States believes that 
this felicity and perfection of the Philippine people is to be brought 
about by the assurance of peace and order; by the guaranty of civil 
and religious liberty; bj^ the estal)lishment of justice; by the cultiva- 
tion of letters, science, and the liberal and practical arts; by the 
enlargement of intercourse with foreign nations; by the expansion of 
industrial pursuits, trade, and commerce; by the jiiultiplication and 
improvement of the means of internal communication; ]\v the devel- 
opment, with the aid of modern mechanical inventions, of the great 
natural resources of the archipelago; and, in a word, by the uninter- 
rupted devotion of the people to the pursuit of those useful objects 
and the realization of those noble ideals which constitute the higher 
civilization of mankind. 

Unfortunately, the pure aims and purposes of the American Govern- 
ment and people have been misinterpreted to some of the inhabitants of 
certain of the islands. As a consequence, the friendly American forces 
have, without provocation or cause, been openly attacked. 

And why these hostilities? Wiaat do the best Filipinos desire? 
Can it be more than the United States is ready to give? They are 
patriots and want liberty, it is said. The Commission emphatically 
asserts that the United States is not onl}^ willing, but anxious, to 
establish in the Philippine Islands an enlightened system of govei'nment 
under which the Philippine people may enjoy the largest measure of 
home rule and the amplest liberty consonant with the supreme ends of 
government and compatible with those obligations which the United 
States has assumed toward the civilized nations of the world. 

The United States striving earnesth^ for the welfare and advance- 
ment of the inhabitants of the Philippine Islands, there can be no real 
conflict between American sovereignty and the rights and liberties of 
the Philippine people. For, just as the United States stands ready to 
furnish armies, navies, and all the infinite resources of a great and 
powerful nation to maintain and support its rightful supremacy over 
the Philippine Islands, so it is even more solicitous to spread peace 
and happiness among the Philippine people; to guarantee them a right- 
ful freedom; to protect them in their just privileges and immunities; 
to accustom them to free self-government in an evei'-increasing 
measure; and to encourage them in those democratic aspirations, sen- 
timents, and ideals which are the promise and potency of a fruitful 
national development. 

It is the expectation of the commission to visit the Philippine peoples 
in their respective provinces, both for the purpose of cultivating a 
more intimate mutual acquaintance and also with a view to ascertain- 
ing from enlightened native opinion what form or forms of govern- 
ment seem best adapted to the Philippine peoples, most apt to conduce 
to their highest welfare, and most conformable to their customs, tra- 
ditions, sentiments, and cherished ideals. Both in the establishment 
and maintenance of government in the Philippine Islands it will be 
the policj'^ of the United States to consult the views and Avishes, and 
to secure the advice, cooperation, and aid, of the Philippine people 

In the meantime the attention of the Philippine people is invited to 


certain regulative principles by which the United States will be guided 
in its relations Avith them. ' The following are deemed of cardinal 
importance : 

1. The supremacy of the United States must and will be enforced throughout every 
part of the Archipelago, and those who resist it can accomplish no end other than 
their own ruin. 

2. The most ample liberty of self-government will be granted to the PhiUppine peo- 
ple which is reconcilable with the maintenance of a wise, just, stable, effective, and 
economical administration of public affairs, and compatible with the sovereign and 
international rights and obligations of the United States. 

.3. The civil Hghts of the Philippine people will be guaranteed and protected to the 
fullest extent; religious freedom assured, and all persons shall have an equal stand- 
ing before the law. 

4. Honor, justice, and friendship forbid the use of the Philippine people or islands 
as an object or means of exploitation. The purpose of the American Government is 
the welfare and advancement of the PhiUppine people. 

5. There shall be guaranteed to the Philippine people an honest and effective civil 
service, in which, to the fullest extent practicable, natives shall be employed. 

6. The collection and application of taxes and revenues will be put upon a sound, 
honest, and economical basis. Public funds, raised justly and collected honestly, 
will be applied only in defraying the regular and proper expenses incurred by and 
for the establishment and maintenance of the Philippine government, and for such 
general improvements as public interests may demand. Local funds, collected for 
local purposes, shall not be diverted to other ends. With such a prudent and honest 
fiscal administration, it is believed that the needs of the government will in a short 
time V)ecome compatible with a considerable reduction in taxation. 

7. A pure, speedy, and effective administration of justice will be established, 
whereby the evils of delay, corruption, and exploitation will be effectually eradicated. 

8. The construction of roads, railroads, and other means of communication and trans- 
portation, as well as other public works of manifest advantage to the Philippine peo- 
ple, will be promoted. 

9. Domestic and foreign trade and commerce, agriculture, and other industrial pur- 
suits, and the general development of the country in the interest of its inhabitants 
will be constant objects of solicitude and fostering care. 

10. Effective p^o^'ision will be made for the establishment of elementary schools in 
which the children of the people shall be educated. Appropriate facilities will also 
be provided for higher education. 

11. Reforms in all departments of the government, in all l)ranches of the public 
service, and in all corporations closely touching the common life of the people must 
be undertaken without delay and effected, conformably to right and justice, in a \yay 
that will satisf}' the well-founded demands and the highest sentiments and aspira- 
tions of the Philippine people. 

Such is the spirit in which the United States comes to the people of 
the Philippine Islands. His Excellency, the President, has instructed 
the Commission to make it publicly known. And in obeying this 
behest the Commission desire to join with his Excellency, the Presi- 
dent, in expressing their own good will toward the Philippine people, 
and to extend to their leading and representative men a cordial invita- 
tion to meet them for personal acquaintance and for the exchange of 
views and opinions. 

IVIanila, April Jf, 1899. 

Jacob Gould Schurman, 

President of Commission. 
George Dewey, 

Admiral TJ. S. JV. 
Elwell S. Otis, 
Major- General TJ. S. Volunteers. 
Charles Denby. 
Dean C. Worcester. 

John R. MacArthur, 

Secretary of Commission. 


Translations of this proclamation were made into Spanish, and into 
Tagalog and other dialects. An edition of some 25,000 copies was, I)}' 
the courtesy and order of General Otis, affixed throughout the cit}' and 
suburbs of Manila, carried to the provinces, and disseminated in the 
interior Avherever possible. It attracted large attention of the natives 
within our lines. The}" gathered about the posters in groups while one 
of their number would read and explain. Other copies passed from hand 
to hand among the natives, receiving thereby much circulation and per- 
meating in some cases, as we afterwards came to know, far beN^oud our 
lines into the interior. Nevertheless, so alert were the insurgents in 
arms to keep their people in ignorance of America's real purposes, so 
afraid were they of disaffection among their followers should their 
illusions and false understandings be dispelled, that orders were issued 
among them prohibiting the reading of the proclamation, and even pre- 
scribing in some cases, as it was stated, the penalty of death upon any- 
one found doing so. Within the city and suburbs of Manila agents 
and sympathizers of the insurgents were no less alert. They soon set 
to work systematically to efface and to destroy the proclamation wher- 
ever posted. In spite of this, it had a wide and continuing influence. 
It served as a general basis for this part of the Commission's work. 
It told to the Philippine people what they were in need of knowing, 
and, if little believed when issued, it came eventuallj^ to be taken as a 
general index of the beneficent government, the liberal and friendly 
dealing, and general treatment which they might expect under the 
sovereignty of the United States. 

For the Commission it had the more immediate effect of bringing it 
into closer touch with an increasing number of the more leading 
Filipinos within our lines. Others came from without the lines, 
either upon their own responsibility or as undisclosed emissaries. 
Still others came as the direct and avowed representatives of the 
Tagalogs in arms. Man}^ of these people came, either wholly distrust- 
ful or half doubting the professions made on paper, and desirous of 
seeing whether they would be borne out in personal interviews. Most 
of them, we believe, went away with a changed idea of America's 
purposes. Many of them were brought to a realization of the folly 
of resisting such purposes and of spurning the evident great advan- 
tages of American sovereigntj' and friendship, and many of them 
eventually became the Commission's strongest friends and supporters 
in the islands. 

One of the more or less immediate effects of the proclamation of 
April 4 was the coming, at the end of that month, of an emissar}^. 
Colonel Arguelles, from the insurgent ranks. He stated to the Com- 
mission that those whom he represented had been considering the 
proclamation of the Commission and had come to ask a suspension 
of hostilities, in order that they might have a period of quiet in 


which to discuss among themselves and amono- their people the 
advisability of seeking terms of peace, and coming to an under- 
standing as to the form of government and the rights and pri\T.leges 
which would be secured them according to the spirit and words of 
the proclamation. On the matter of a suspension of hostilities, he 
was told that the Commission had no power; that such matters were 
wholly in the hands of General Otis, to whom alone such requests 
should be addressed. 

He then asked the Commission to urge General Otis to grant such 
suspension. The Commission explained that it could not do this. 
It should bo added, however, that there was a complete suspension of 
hostilities on our side so long as the emissary remained within our lines; 
and a like rule was observed upon the coming of subsequent emissaries. 

At the several interviews had with this emissary at this time there 
was described to him the purpose and feeling of America toward the 
Philippine people, and the liberal character of government which 
might be expected in the Archipelago. Various plans of government, 
the ^dews of the Commission thereon, and the ideas of the Philippine 
people were also discussed at large, and the emissarj^ was entreated to 
urge upon those whom he represented that the}' should lay down arms 
and confer with the Commission in regard to the preparation of an 
organic law for the government of the islands. He left, and a few 
days later again returned, in company with another, one Captain 
Zialcita. He had reported to Aguinaldo, he said, the substance of the 
previous interview, and they had returned for further conference. 
They bore letters to the Commission, which will be found printed as 
Exhibit III. 

Again an armistice was asked. There were reasons for believing 
that on the train that had brought ArgueUes a secret emissary of the 
insurgents had also come to Manila, on his way to foreign parts to buy 
arms. No formal armistice was granted, but in fact a suspension of 
hostilities was observed as before. 

With these two emissaries long interviews were had, in which every 
phase of the situation that could occur to either side was brought up 
and discussed, clearly, frankly, amicably. One matter, however, they 
were told could not be discussed; that was the sovereignty of the 
United States. That matter, it was said, had been already settled by 
the treaty of Paris, and being so settled was a fact which was now 
beyond the realm of profitable discussion. 

Speaking of the matter of independence, the Commission pointed 
out that by the ninth article of the Treaty of Paris it was provided 
that the ciWl rights and political status of the native inhabitants were 
to be determined by Congress. They were told that, after a careful 
consideration and study, it was the opinion of the Commission that the 
Philippine people were not capable of independent self-government, 


and that independence, for which some of them said they were fighting, 
was, in the opinion of the Commission, an ideal at present impossible, 
not only because of their unfitness for it, but because of their inability 
to preserve it among the nations even if it were granted. Arguelles 
said they were beginning to realize this fact ; that, moreover, no nation 
had been willing to recognize them as independent or as belligerent; 
and thereupon he stated that he was authorized to say, on behalf of 
Aguinaldo, that they were not fighting for the sovereignty of the 
islands, but for the honor of the army. Being asked, "You accept, 
then, the sovereignty of the United States?" he replied, "Yes, we 
do." Being asked if he was duly authorized to make that statement 
also, he replied that he was. 

Further discussing the situation, he said that the promises which 
had already been made to the Philippine people by the American Gov- 
ernment in the earlier proclamations issued, and in the proclamation 
of the Commission of April 4, would be in large measure satisfactory 
to the Philippine people, could those promises be in some way accom- 
panied with an assurance of their fulfillment, and had their details 
been made more clearly known; that in their general outlines they 
were good, but so long as they existed as matters of promise merely 
they could not gain with the Philippine people that confidence to which 
perhaps they were entitled; that of promises merely the Philippine 
people had learned, with reason, to be distrustful. He asked, therefore, 
for a clearer statement of the form of government designed for the 
islands. He was told that it remained for Congress to finallv deter- 
mine the form of government to be provided by the United States; 
that in the meantime, and until the action of Congress, the matter lay 
with the President, and that the commission had been sent, among 
other purposes, to study, and to report to the President its views and 
recommendations on the matter. It was suggested that it would have 
been premature for the Commission to have announced, on its arrival 
and in its proclamation, a fixed and definite form of government; that 
it would not have been in keeping with the spirit of American pur- 
pose, which was to consult the people as far as possible. He was 
told that the commission had given the subject much consideration, 
however, and wished to consult and confer with the representatives of 
all the people, even the Tagalogs, if they would lay down their arms 
and enter into conference in the spirit of friendship in which the 
Americans came. Nevertheless, the Commission said, it would set 
forth to him the general plan which it then entertained. 

Upon this being done Arguelles showed satisfaction, and wished to 
know if he might announce it to those whom he represented, saying 
he thought that in the main it would meet nuich approval. The Com- 
mission replied that it had not been submitted to the President, and 
could not, therefore, be announced as a form which the United States 


was willing to adopt; but he was told he could report all that had 
transpired, and that in the meantime the Commission would commu- 
nicate with the President. 

Arguelles left. The Commission at once, and on May 4, 1899, 
communicated with the Secretary of State and laid before him and 
the President the plan of government outlined to Arguelles, which 
was in substance that which was authorized in the President's replj^, 
as follows: 

Washington, May 5, 1899 — 10.20 p. m. 
ScHURMAN, Manila: 

Yours 4th received. You are authorized to propose that under tiie military- 
power of the President, pending action of Congress, government of the Philippine 
Islands shall consist of a Governor-General appointed by the President; cabinet 
appointed by the Governor-General; a general advisory council elected by the 
people; the qualifications of electors to be carefully considered and determined; and 
the governor-general to have absolute veto. Judiciary strong and independent; 
principal judges appointed by the President. The cabinet and judges to be chosen 
from natives or Americans, or both, having regard to fitness. The President ear- 
nestly desires the cessation of bloodshed, and that the people of the Philippine 
Islands at an early date shall have the largest measure of local self-government con- 
sistent with peace and good order. 


As a result of the 'nterviews with Arguelles, and of his reports to 
the insurgents of what had taken place, there was sent to Manila in the 
latter part of May another body of emissaries from Aguinaldo. They 
were Senor Gracio Gonzaga, Seiior Barretto, General Gregorio del 
Pilar, and Captain Zialcita. Arguelles, whom the Commission had 
expected to return, was not among them. It appears that on account 
of views expressed b}^ him after his former visits to the Commission, 
he was charged with having become an Americanista, imbued with 
American ideas, and favoring peace. Accordingly, by military order, 
he was stripped of his shoulder straps, was expelled from the army, 
and sentenced to twelve years' imprisonment. 

The emissaries mentioned arrived on the 19th day of May, 1899. 
They had with the Commission two long interviews of several hours 
each. They said they had come with larger powers than Arguelles 
had had, in order to confer with the Commission, and to further study 
and discuss the possibilities of peace, the form of the ultimate govern- 
ment which might in future be proposed, and the attitude of the United 
States with respect to reforms and other matters fundamentall}^ con- 
cerning them. Much of the matter gone over with Arguelles and all 
phases of the situation were again discussed with them in a cordial, 
frank, and friendly manner. The proposed plan of government 
authorized by the President was announced and laid before them, and 
each of its features separately discussed. 

During the whole of this meeting with these emissaries there were 
lying before them printed copies, in English, Spanish, and Tagalog, 


of the Commission's proclamation of the 4th of April, hereinbefore 
set out. This proclamation was taken up by them, and was gone over 
minutelj' sentence by sentence, and we were asked frequently to 
explain what was meant by certain phrases. We fully explained the 
meaning of each sentence that was inquired about. The contents of 
the proclamation were thoroughly approved and no objections were 
made to them. 

After this full explanation and consideration of the proclamation, 
these gentlemen suggested to us that it would be ver^^ disagreeable to 
the arm}" to have to lay down their arms before anything could be done; 
and they inquired whether an arrangement could be made by which 
we could take over the Filipino army into our militar}' service. It 
was answered by one of the Commission that no doubt some of the 
regiments might be taken into the service of the United States, but 
that it was not possible that the whole army could be so emploj'^ed. It 
was then suggested by another member of the Commission that work 
might be found for the soldiers in building roads or in other public 
works, which would enable them to support themselves. 

Before these emissaries left the civilian members of the Commission 
expressed to them their verj^ great desire to have an interview with 
Aguinaldo himself, in order to discuss with him personally the matters 
discussed with them, or any other matters that might conduce to peace. 
It informed them that the Commission would meet him at such suitable 
place as he might appoint, or that they would receive him in Manila, 
assuring him a safe conduct from the military authorities. It further 
informed these gentlemen that the Commission would, at any time, see 
any other emissaries that might be sent to confer with the Commis- 
sion. The emissaries promised to consider all these questions, and 
agreed that they would come again in three weeks; but they never 


The most diverse and contradictory statements are frequently met 
with concerning the inhabitants of the Philippine Islands, at present 
collectively known as "Filipinos." Some writers credit them with a 
high degree of civilization, and compare them to the Pilgrim Fathers 
or the patriots of '76, while others regard even the more highly civil- 
ized tribes as little better than barbarians. The total nimaber of inhab- 
itants has been estimated at all the way from 6,000,000 to 12,000,000. 

It is not purposed to here go into a detailed discussion of the several 
tribes, their physical characteristics, their manners, customs, laws, etc. 
These subjects are reserved for Volimie II of this report; but a few 
general statements may to some extent reconcile views which are 
apparently contradictory, or may at least show on what foundation 
they rest. 

The inhabitants of the Philippines belong to three sharply distinct 
races — the Negrito race, the Indonesian race, and the Malayan race. 

It is universally conceded that the Negritos of to-day are the disap- 
pearing remnants of a people which once populated the entire archi- 
pelago. They are, physically, weaklings of low stature, with black 
skin, closelj^-curling hair, flat noses, thick lips, and large, clumsy feet. 
In the matter of intelligence they stand at or near the bottom of the 
human series, and they are believed to be incapable of an}" consider- 
able degree of civilization or advancement. 

Centuries ago the}" were driven from the coast regions into the 
wilder interior portions of the islands by Malay invaders, and from 
that day to this they have steadily lost ground in the struggle for exis- 
tence, until but a few scattered and numerically insignificant groups 
of them remain. As a rule they are to be met with only on the forest- 
clad sides of the higher mountains of Luzon, Panay, Negros, and Min- 
danao; although in the northeastern part of Luzon they are said to 
still inhabit the wooded lowlands near the coast. They lead a nomadic 
life, wandering almost naked through the forests, and living on fruits, 
tubers, and such game as the}' can bring down with their l)ows and 
poisoned arrows. It is believed that not more than 25,000 of them 
exist in the entire archipelago, and the race seems doomed to early 
extinction. Within a comparatively short time it has completely dis- 



appeared from several of the islands which it formerly inhabited, and 
it is said that the hirth rate is now considerably below the death rate. 

So far as is at present known, the Philippine tribes belonging to the 
Indonesian race are confined to the great island of Mindanao, the sur- 
face of which constitutes about one-third of the total land area of the 
archipelago. It is possible that a more careful study of the wild 
peoples of North Luzon will show that here also there exist Indonesian 
tribes, or tribes showing evidences of Indonesian origin; but this is a 
question which remains to be determined. 

The Philippine representatives of this race are physically superior 
not only to the Negritos, but to the more numerous Malayan peoples 
as well. They are tall and well developed, with high foreheads, aqui- 
line noses, wavy hair, and often with abundant beards. The color of 
their skins is quite light. Many of them are very clever and intelli- 
gent. None of the tribes have been Christianized. Some of them have 
grown extremely fierce and warlike as a result of their long struggle 
with hostile Malayan peoples. Others, more happy in their surround- 
ings, are pacific and industrious. 

The great majority of the inhabitants of the Philippines are of 
Malayan extraction, although the race is not found pure in any of the 
islands, but is everywhere more or less modified through intermarriage 
with Chinese, Indonesians, Negritos, Arabs, and, to a limited extent, 
Spaniards and other Europeans. 

The individuals belonging to these Malayan tribes are of medium 
size, with straight black hair. As a rule the men are beardless, and 
when they have a beard it is usually straggling, and appears late in life. 
The skin is brown and distinctly darker than that of the Indonesians, 
although ver}^ much lighter than that of the Negritos. The nose is 
short and frequently considerably flattened. 

The representatives of these three races are divided into numerous 
tribes, which often differ very greatly in language, manners, customs, 
and laws, as well as in degree of civilization. In numerical impor- 
tance they range from the Visayans, numbering more than 2,600,000, 
to the Calanganes, of whom but a bare 300 remain. The greater part 
of the tribes are wild and pagan, but the civilized and Christian- 
ized peoples, although few in number, include the majority of the 

That the Filipinos do not constitute "a nation," or "a people," will 
appear from the perusal of the following table, which gives the names 
of the various tribes so far as known, the regions which they respec- 
tively inhabit, and, where practicable, an estimate of the number of 
individuals composing each. 

It may seem strange that in some instances the same name should 
appear repeatedly in the list of tribes. The explanation is that in 
different localities very distinct people soiuetimes bear the same appel- 



lation. There is almost nothing in common, for instance, between 
the Manguianes of Mindoro and the tribe known under the same name 
in the island of Sibuyan, while many of the Negrito tribes are so 
little known that it is impossi})le to say even whether the}' are of pure 
blood or greatly modified bj" intermarriage with other peoples. 

Tribe, number, and habitat. 

Local name of tribe. 



1. Aetas 

2. Aetas 

3. Attas 

4. Buquiles 









Pangasinan (Luzon). 

Zambales (Luzon). 

Province of Cagayan, in Luzon, and the eastern mountain 

chain down to the Pacific coast. 

Zambales (Luzon). 
Shores of Mainit Lake; penin.sula of Surigao, and the 

coast mountain chain on the Pacific down to Tago 

Mindoro (part). 
Tablas and Sibuyan (part) . 
Masbate (part). 
Ticao (part). 

6. Mamilnuas 

7. ManguiAnes 

9. Manguiines 

10. Manguianes 

11. Negritos 

12. Negritos 

Vicinity of Pilig, Albay Province, southeast Luzon. 

North Ilocos (Luzon) . 

South Ilocos (Luzon). 

Tayabas (Luzon). 

North Camarines (mountains of Capalonga, Mambulag, 

Paracale, Bacod, etc.) (Luzon). 
Nueva Ecija (Luzon) . 
Iloilo (Panay). 

Vicinity of Iriga (south Camarines) (Luzon). 
Albay (Luzon). 

14. Negritos 

16. Negritos 

17. Negritos 

18. Negritos 

20. Negritos 




(Confined to Mindanao.) 

1. At4s 

2. Bag6bos 

3. Bilanes 

4. Calangane.s . 

5. Dulanganes. 

6. Guiangas . . . 

7. Mandayas .. 

8. Manguangas 

9. Manobos 

10. Monteses 

11. SAmales 

12. Subanos. ... 

13. Tagabauas. . 

14. Tagabelies . 

15. Tagacaolos.. 

16. Tirurayes... 







30,000 ?) 


In the regions near Movint Apo, on the western and north- 
western sides. 

Foothills of Mount Apo (east and south) . 

Two of the Sarangani Islands and the eastern i)art of 
Lake Buluan. 

Gulf of Davao. 

The forests and mountains distant some 45 miles from 
Tamontaca toward its southeast coast. 

Eastern and southern slopes of Mount Apo. 

The valley of the river Salug and the eastern coast of 
Mindanao from Tandag to Matti; very numerous. 

The left-hand tributaries of the river Salug. 

Very numerous in the valley of the river Agusan. In 
much smaller numbers to tiie northward of the Bay of 
Malalag, Gulf of Davao, and on Cape St. Augustine and 
in the district of Cottabato. 

Between Gimgog and Nasipit and in the mountains and 
valleys of Tagoloan. 

Island of same name in the Gulf of Davao. 

Kingdom of Sibuguey. 

North shore of the Gulf of Davao. 

To the east of Lake Buluan. 

Malalag and the mountains of Aguimintan and the farther 
coast of St. Augustine. 

In the mountains to the left of the Rio Grande. 



Tribe, number, and habitat — Continued. 

Local name of tribe. 











518, 100 















4,000 (?) 



Zambales (Luzonl . 


The extreme north of the cordillera of the western Cara- 



ballos (Luzon). 


From" North Ilocos to the highest part of the Grand Cor- 
dillera (Luzon). 
Neighborhood of Tabang (Luzon) . 





The forests of south Camarines (Luzon) . 


Eastern Cordillera of Nueva Ecija, Tayabas, and Zam- 



bales, eastern mountains of the North and South Ilocos 
provinces (Luzon). 
Albav, Am bos Camarines, and a part of Tayabas (Luzon) . 



North of Palawan and Calamianes group. 



Mindoro, in the neighborhood of Baco and Subaan. 



Western .slope of the eastern Caraballos, district of Le- 

panto (Luzon). 
Near Benang, to the north of the Buriks (Luzon) . 


Cagavans . 

ftoNnnces of Cagavan and Isabela (Luzon). 



Malaueg, vallev of the river Chico on the side of Itaves. 


Gulf of Sibugev (Luzon) . 



To the north of the Calauas, between the Rio Grande of 




Cagayan and the Abulog or Apayao (Luzon). 
Eastern branch of the river Hagan (Luzon). 




South Camarines, Isarog Mountain (Luzon) . 

From Baler and Casiguran to the north coast of the Pa- 




cific side of Luzon. 
From the river Gadet to the river Chico of Cagayan. 

They live to the north of the Ifugaos (Luzon) . 
Nueva Vizcava (Luzon). 



F*rovince of Abra (Luzon). 


Neighbors of the Ilongotes (Luzon) . 

Missions of Ituy and Panigui. eastern Caraballos (Luzon). 

Mount Irriga, provinces of South Camarines, Abra, Paiiga- 







sinan, Nueva Vizcava, Zambales, Panpanga.etc. (Luzon) . 
North and South Ilocos (Luzon) . 



South Caraballo and Caraballo of Baler; Casiguran, in <he 



district of Principe (Luzon). 
Banks of the River Ilaron, eastern slopes of Sierra Madre, 



on the side of Nueva Vizcava, Isabela, and Cagayan 
(Luzon) . 




Igorrotes of Benguet and on the north by the Guianes 
(Luzon) . 
Mindoro, between Abra, Hog, and Pinamalavan. 



Mindoro, to the south of Pinamalavan and the Island of 



The Sulu Archipelago. 
The Mohammedans from Baguan, near the Gulf of Mavo 




365, 5C0 







northward to Daron to the south of Davao (Mindanao). 
The Rio Grande, Malanao, and Illana Bay (Mindanao). 
Pampanga (Luzon). 
Pangasinau (Luzon). 





Sdmales Lauts 

Coast region of Ba.silan. 



Northeast of Sarangani (Mindanao) . 




Islands from Palawan to the Calamianes. 



Eastern coast of Palawan. 



The Cordillera of Tila, district of Lepanto, and the prov- 



ince of Abra (Luzon) . 




Total tribes, 84. 

It will be noted that the information as to the number of individuals 
constituting these various tribes is extremely incomplete, and it is to 
be feared that even such figures as are obtainable are far from reliable. 
It is extremeh" difficult to arrive at anything approaching a correct 
estimate of the numbers of even the more important civilized tribes. 
Considerable differences exist between the statements of different 
authorities as to populations of those provinces which are best known, 


while the Spanish official statistics are notoriously unreliable. Such 
estimates as exist as to the numerical importance of the various wild 
tribes are at the best mere guesses. 

In attempting to determine the numbers of the different civilized peo- 
ples one meets the further obstacle that many provinces are inhabited 
in part by Christians and in part by savages. In some instances the 
populations given for these regions are manifestly intended to include 
the wild as well as the civilized inhabitants, but there is no means of 
telling how many fall under the one head and how many under the 
other. In other cases it is expressly stated that the unciWlized natives 
are not included, and oftener yet there is no statement at all on the 
subject, so that one is left in doubt. 

These difficulties are met with chiefly in the island of Luzon, and 
are due to the presence there of six civilized tribes, as well as very 
numerous wild tribes. In estimating the population the plan has been 
followed of assigning to each of these several civilized tribes all of the 
inhabitants given for those provinces where it is known to predomi- 
nate. In some provinces, however, it is impossible to follow this 
course, as representatives of several of the civilized tribes occur, and 
there is no way of determining in what proportions. It will be found, 
therefore, that the summary of population by tribes falls below the 
summary which takes into consideration only the total number of 
inhabitants recorded for each province, district, or comandancia; the 
latter total, according to the statistics which have been followed in this 
report, is 6,709,810. An}^ estimate of the total population must mani- 
festly depend on the number of inhabitants assigned to the various 
wild tribes, of which there are no less than 69. 

For the purposes of this report the commission has adopted as 
the total figure 8,000,000, considering this a conservative estimate. 
Baranera, whose figures are believed to be carefully prepared, places 
the total at 9,000,000. 

The extent of territory occupied in whole or in part by each of the 
more important civilized tribes can be estimated with a greater degree 
of accuracy, and is approximately as follows: 






Pangasinans . 
Pampangas . . 



Approximate ' rerritorv oc- 
numberof | ^S*'^ 
individuals. cupiea. 

1, 663, 900 
518, 100 

Square miles. 

All of these peoples, although ignorant and illiterate, are possessed 
of a considerable degree of civilization, and, with the exception of 
the Mohammedan Moros, are Christianized. 


Of the wild tribes in g-eneral it may be said that while many of 
them are pacific and quite harmless so long- as they are decently 
treated, not a few are decidedly the reverse. Head-hunting is prac- 
ticed b}" several of the peoples of North Luzon, some of whom have 
even been accused of eating portions of the bodies of their victims. 
A considerable number of the wild tribes not only practice polygamy 
but take and keep slaves. Human sacrifices are indulged in by at 
least two of the tribes in the interior of Mindanao. It should be 
clearly borne in mind, however, that the whole number of individuals 
included in the group of wild peoples is far below that composing the 
comparatively few civilized tribes. 

The majority of the inhabitants of the Philippines, then, are pos- 
sessed of a considerable degree of civilization. Since their good 
qualities, no less than their shortcomings and deficiencies, are enumer- 
ated and discussed elsewhere in this report, it is not necessary to 
repeat them here. 

A clear idea of the distribution of the various peoples, and of the 
relative importance and whereabouts of the areas inhabited by Chris- 
tians, Mohammedans, and Pagans, may be gained by examining the 
ethnographic map in the atlas illustrating this report, which will 
shortly appear as a bulletin of the Coast and Geodetic Survey. 


It is evident that the fitness of any people to maintain a popular 
form of government must be closely dependent upon the prevalence of 
knowledge and enlightenment among the masses. It is, therefore, of 
great importance that a clear understanding of the state of educational 
work in the Philippines should be reached, especiall}' as there is much 
popular misapprehension on this subject. 

The only educational advantages attainable by the common people 
of the archipelago are those afforded by the primar}' schools. The 
Spanish regulations provided that there should be one male and one 
female primar}^ school teacher for each 5,000 inhabitants, instruction 
being given separately to the two sexes. 

This wretchedly inadequate provision was, as a matter of fact, never 
carried out, as will appear from the following table: 

Table showing the relation between number of primary school-teachers and population in the 
several provinces, districts, and comandancias of the Philippine archipelago. 




Ambos Camarines 

















Butuan , 












S. Doc. 138 2 







114, 483 




52, 000 


312, 192 



248, 000 


14, 745 

230, 000 




96, 357 



35, 633 

132, 567 







Male. Female. 


each sex 
by law. 






























































Table showing the relation between number of primary school-teachers and population in the 
several provinces, districts, and comandancias of the Pliilippine archipelago — Cont'd. 





Ilocos Norte 

Ilocos Sur 



Isabela de Luzon 














Negros (eastern) 

Negros (western) 

Nueva Ecija 

Nueva Vizcaya 






Reina Regente 



Sarangani Bay and islands 






Tataan , 




























Male. Female. 











each sex 
by law. 



6, 709, 810 
















































From these figures it appears that the number of teachers of each 
sex required by law for a population of 6,709,810 is 1,342, making a 
total of 2,684 teachers, whereas there are in realit}" l)ut 991 male 
teachers and 923 female teachers, giving a total of 1,914. Disregard- 
ing the question of sex, we see that while there should be one teacher 
for each 2,500 inhabitants, there is in reality but one to each 3,500, 
even if we include onh' that portion of the population sufficientlv 
civilized to Ije taken account of in the above enumeration. Taking 
the entire population at 8,000,000, we find that there is but one teachei 
to each 4,179 individuals. 

Examination of the above table further shows that in many instances 
the lack of teachers is greater in those provinces which are most thickly 
populated and whose people are most highl}^ civilized. 

In order to ascertain the exact nature of this deficiency with a view 
to suggesting a suitable remedy for it, a second table has been pre- 



pared, giving in alphabetical order the pueblos or townships of the 
Philippines, with the number of inhabitants of each, when known, 
and the number of male and female teachers employed in the primary 
schools in the year 1898. 

The province, district, or comandancia in which each township lies 
is also given. 

While this list is primarily intended for use in the discussion of 
existing educational conditions, it will also be found of value to those 
who desire to learn the importance of any given town, or to ascertain 
where it is situated. 

Capitals of provinces, districts, or comandancias are italicized. 


Where situated. 


Abra de Hog ' Mindoro 

Abucav Biitaan 

Abulug Cagayan 

Abuyog Leyte 

Agno Zambales 

Agoo Union 

Aguilar Pangasinan 

Agusan Misamis 

Agutaya Calamiane.s 

Ajuy Concepcion 

Alaminos Laguna 

Do Zambales 

Alangalang Leyte 

Al&va Pangasinan 

AVbay Albay 

Alberique Davao 

Albuera Leyte 

Alburquerque Bohol 

Alcaic Cagayan 

Do , Pangasinan 

Alc&ntara Cebu 

Alcoy do 

Alegria do 

Alfonso Cavite 

Alfonso Xni Tayabas 

Aliaga Xueva Ecija 

Alimodian '-.. Uoilo 

Almeria Leyte 

Aloguinsan Cebu 

Aloran Misamis 

A16s Zambales 

Alubijid Misamis 

Amadeo Cavite 

Arabian Kegros (Eastern) . 

Amulung Cagayan 

Ananao Tiagan 

Anao Tarlac 

Anao-aon Surigao 

Anda Bohol 

Do Zambales 

Angadanan Isabela de Luzon . 

Angat Bulacan 

Angeles Pampanga 

Angono Morong 

Anilao Hoilo 

Aniniy Antique 

Antequera Bohol 

Antipolo Morong 

Antique ! Antique 

Apalit Pampanga 

Aparri Cagayan 

Arapiles Davao 

Arayat Pampanga 

Ar6valo Hoilo 

Argao Cebu 

Argiielles Negros (Western) 

Aritao Nueva 'V'izcaya . . 

Aringay Union 

Asingah Pangasinan 

Astorga Davao 

Asturias Cebu 


Male, i Female. 







Where situated. 







Baao ...^ 




































Bam ban 













Barbaza . . .« 




























Binangonan de Lampon. 



Xegros (Eastern) . . 



Ambos Camarines . 



llocos Norte 




Negros (Western) . . 



Negros (Eastern) . . . 





Nueva Vizcaya 





Negros (Western).. 
Negros (Eastern i . . . 

Bat dan 






Masbate and Ticao 







Nueva Ecija 


Nueva Vizcava 

Iloilo ' 






llocos Sur 











Ambos Camarines. . 



Ambos Camarines. . 









Negros (Eastern) . . 


Nueva Vizcaya 

Pampanga . ." 



Negros (Western) . . 







Male. I Female. 






Where situated. 


Male. Female. 

















Buena vista . . .• 















Cabagan Xuevo 

Cabagau Viejo 











Cddiz Xuevo 


Cugaydn de ifinamis . 
Cagsauaor Daraga. . . 





















Caluya , 






















Zambales , 



Xeuva Eeija 

Ambos Camarines. . 









Ambos Camarines. , 


Mindoro , 

.Sorsogon , 

.\.ntique , 








Lsabela de Luzon. . 


Nueva Ecija 

Negros (Western) . . 




Xueva Ecija 

Ilocos Sur 



Xegros (Western) . . 





Ambos Camarines . 



Mindoro , 


Ambos Camarines . 




Xegros (Western).. 




do , 

Illoilo , 



Manila , 




Morong , 




Ambos Camarines. 



Ambos Camarines 





Ilocos Sur 

Xegros (eastern) . . 




722 1 

830 ! 






656 I 

805 I 


855 ; 



590 , 

461 I 

497 1 

120 ' 






IW ' 












636 ; 

798 I 
13, 753 


30, 2.50 

10, 815 

15, 072 
4, 1.53 
2, 275 




15, 797 

10, 026 




Caoayan Iloeos Sur. 

Capalonga Ambos Camarines . 

Capangan Benguet 

Capas Tarlac 

Cdpiz Cdpiz 

Capul Samar. 

Caraga Matti 

Caramoan Ambos Camarines 

Caramoran Catanduanes 

Cdrcar Cebu . 

Cardona Morong . 

Carig Isabela de Luzon 

Carigara Ley te 

Caritan Antique . 

Carl(5s Coneepcion 

CArmen Cebu . 

Do Bohol, 

Carmona Cavite. 

Do Davao. 

Carranglan Nueva Ecija 

Carrascal Surigao 

Casiguran Principe 

Do Sorsogan . 

Castilla do. 

Castillejos Zambales 

Cataingan Masbate. 

Catarman Misamis. 

Do Samar. 

Catbalogan do . 

Cat6el Matti 

Catigbian Bohol. 

Catmon Cebu . 

Catubig Samar. 





Cavite Viejo 






























Danao [ do 

Dancaian l Negros (Western) 

Where situated. 

Negros (Western) . 
Isabela de Luzon . 















Isabela de Luzon . 









Nueva Ecija 




Ambos Camarines 

Ley te , 


Cebu . 












Dinalupijan . 












Nueva Viscaya. 





Iloeos Norte . . . 
























El Pardo 

El Salvador 










Garcia Hernandez. 





Getaf e 





















































Where situated. 








Negros (eastern) . . 

CSpiz , 





Nueva Viscaya 

Isabela de Luzon . , 





Negros (Western) . . 

Coiicepcion , 


Ambos Camarines . 


Isabela de Ltizon . 


Nueva Ecija , 



Ilocos Sur 








Negros (Western) 
Ambos Camarines. 
Negros (Western) . 





Negros (Eastern) . 
Negros (Western) 


Negros (Western) 




















Isabela de Luzon.. 




Negros (Western) 



Ambos Camarines 






Ambos Camarines. 



Negros (Western) . 


7,. 571 


Male. Female. 



















000 ! 

811 I 

099 I 


427 ! 


















Where situated. 

IvLsan Capiz 

Jabonga Surigao 

Jagnaya Capiz 

Jaen Nueva Ecija 

Jagna Bohol 

Jalajala .• IMorong 

Jamindang Capiz 

Janiuay Iloilo 

Jaro Leyte 

Jasaan Misamis 

Jiaboii Samar 

Jimalalud Negros (eastern) . . 

Jimamaylan Negros (western) . 

Jimenez Misamis 

Jimeno Capiz 

Jolo Sulu 

Joyellar j Albay 

JvibeLa Sorsogon 

La Caridad | Cavite 

La Carlota ' Negros (western) . 

La Granja Samar 

La Paz Abra 

Do Iloilo 

Do Tarlac 

La Trinidad [ Benguet 

Labo , Ambos Camarines. 

Lacy ' Negros (eastern) . . 

Lagaui Quiangan 

Lagonoy Ambos Camarines. 

Lagoblong Misamis 

Lagundi' ' Morong 

Lal-16 Cagavan 

Lambunao Iloilo" 

Lanan ' Samar 

Langaran Misamis 

Lanuza Surigao 

Laoag Ilocos Norte 

Laoang Samar 

Lapo Ilocos Sur 

Las Mercedes Davao 

Do Zamboanga 

La.spina.s Manila 

Lavezares : Samar 

Legan6s Iloilo 

Legaspi Albay 

Lemery Batangas 

Do : Concepcion 

Leon Iloilo 

Leyte Leyte 

Lezo Cdpiz 

Lian Batangas . 

Lianga Surigao 

Libacao Cflpiz 

Libmanan Ambos Camarines 

Llbog ' Albay 

Libon do 

Licab Nueva Ecija ...... 

Lila Bohol 

Lilo Laguna , 

Liloan Cebu 

Do : Levte 

Ligao Albav 

Langayen Pangasinan 

Linguig Surigao , 

Lipa Batangas 

Loay Bohol 

Lob6 Batangas 

Loboc Bohol 

Loctugan Capiz 

Loculan Misamis 

Longos Laguna 

Logo Mindoro 

Do Romblon 

Loon Bohol 

L6pez Tayaba.'! 

Loreto Surigao 

Los Banos Laguna 

Luban Mindoro 

Lubao Pampauga 

Lubungan Lanao 

Lucban Tayabas 

Lucena Iloilo 

Do Tayabas 

Luisiana Laguna 


28, 738 
12, 475 
12. 384 





11, 779 

37, 094 

2, 875 
2, 890 


14, 512 



18, 886 

40, 733 

10, 174 
3,475 I 
2, 110 

15, 365 
6. 412 


21, 175 
5, 1.57 

12, 755 





Where situated. 

Lumban Laguna 

Lupao Nueva Ecija 

Lupi Ambos Camarines. 

Ma asim Ley te 

Maasin Iloilo , 

Ma-ayon CApiz 

Mabalacat Pampanga , 

Mabatan Bataan 

Mabatobato Ambos Camarinos . 

Macabebe Pampanga 

Macalelon Tayabas 

Macato CApiz 

Macrohon Ley te , 

Madalag : Cdpiz , 

Madridejos Cebu , 

Magalan Pampanga 

Magallanes Romblon , 

Do Sorsogon 

MagArao ; Ambos Camarines. 

Magdalena do 

Magsingal Ilocos Sur 

Magukmy Quiangan 

Mahinog Misamis , 

Maiayjay Laguna 

Malaboyoc Cebu 

Malasiqui Pangasinan 

Malaueg Cagayan 

Malibago Leyte 

Malibay Manila 

Malilipot Albay 

Malinao do 

Do Cdpiz 

Malitbog Leyte 

Malolos Bulacan 

Malupa Antique 

Mambajao Misamis 

Mambulao Ambos Camarines. 

Mambusiio Capiz 

Mamburao Mindoro 

Manaoag Pangasinan 

Manapla Xegros (Western) . 

Mandaue Cebu 

Mandurriao Iloilo 

Mangaklan Pangasinan 

Mangarin Mindoro 

Mangatarem Pangasinan 

Manguirin Ambos Camarines. 

Manila Manila 

Manito ' Albay 

Mansalay Mindoro 

Maragond6n Cavite 

Maria Xegros (Eastern) . . 

31arla Cristina Misamis 

Maribojoc Bohol 

Marilao Bulacan 

Maripipi Leyte 

Mariquina Manila 

Mariveles Bataan 

Masbate Masbate 

Masinloc Zambales 

Masol do 

Matolom Leyte 

Matina Davao 

Matnog Sorsogon 

Matti Matti 

Mauban Tayabas 

Manjuyod Negros (Eastern) . . 

Mavitac Laguna 

Maynit Surigao 

Medellin Cebu 

Mendez Nuiiez Cavite 

Mercedes '■ Samar 

M6rida Leyte 

Mexico Pampanga 

Meycauayan Bulucan 

Miagao .'. Iloilo 

Milagros Masbate 

Milaor Ambos Camarines 

Mina Iloilo 

Minalabag Ambos Camarines 

Minalin Pampanga 

Minglanilla Cebu 

Minuluan Negros (Western) . 

Misamis Misamis 










10, 400 

10, 136 

8, 262 
2, 352 


Male. Female. 


5, 995 

10, 296 
7, 571 

14, 599 
2, 972 




15,307 I 

16,143 I 
2,289 j 

10,146 I 
350,000 I 
1,515 I 

140 I 

10,852 I 
5, 075 
1,998 I 

10,313 I 
1,429 I 

3, 745 


22, 100 
5, 120 






















Naanan , 


Naga , 










Narva can 









Nueva CAceres . . 
Nueva Coveta . . . 
Nueva Valencia . 















Oroc[uieta , 




























Where situated. 

Cebu ^ 








Da van 





Bon toe 


Negros (Western) . 



Ambos Camarines 





Ilocos Norte 

Isabela de Luzon . . 




Nueva Ecija 

Ilocos Sur 










Ilocos Sur 

Negros (Eastern) ., 




Bulacan , 




















Isabela de Luzon . . 









Ambos Camarines . 









Nueva Ecija 

Ilocos Norte , 


9, .509 
5, 214 
9, 547 

3, 055 


2, 622 




Male. Female. 


17, 789 

10, 926 
8, 000 

12, 976 

10, 405 
9, 215 
8, 630 
3, 241 

16, 500 
5, 257 
5, 305 
2, 804 
6, 123 

10, 357 
5, 924 


6, 400 
5, 667 
10, 373 

13, 363 

5, 756 
2, 404 
2, 749 

17. 736 

7, 423 
15, 484 
2, 446 

13. 737 
2, 143 
2, 459 
6, 795 
8, 712 

10, 020 






















Pena plata 

Perez Dasmarinas 





























Puerto (iak'ra 

Puerto Princtfd 











Ragay . ; 

Reina Mercedes 

Rivera de San Fernando . 















Samal , 

Samboan , 

San Augustin , 

San Antonio , 



San Bartolem6 

San CArlos , 

San Carlos de Magatao . . , 

San Clemente 

San Dionisio 

Where situated. 


Laguna , 

Ambos Camarines . 


Samar , 

Ambos Camarines . 




Ilocos Norte 





Nueva Ecija 





Ilocos Norte 





Cebu , 

Sorsogon , 

Ambos Camarines 

Monong , 













Negros (Western) . 








Nueva Ecija 








Ambos Camarines 


Isabela de Luzon . 





Nueva Ecija 




Ilocos Sur 


Ambos Camarines. 



Ilocos sur 






Nueva Ecija 








10, 297 

7, sw; 




13, 802 


2, 842 

10, 221 



2, 142 
10, 841 
2, 895 
4, 268 
5, 458 
3, 635 
5, 378 


Male. Female. 




San Emilio 

San Enrique 


San Esteban 

San Fabidn 

San Felipe 

San Felipe Nery 

San Fernando 


San Fernando de Dilao. . 
San Fernando 



San Francisco 


San Gregorio 

San Ildefonso 


San Isidro del Campo . . . 
San Isidro 



San Jacinto 


San Joaquin 

San Jose 







San Juan 





San Jose de BitenaHsta. . . 

San Jos(5 de Casignan 

San Jose de Ibana 

San Jos6 de Navotas 

San Juan del Monte 

San JuliAn 

San Leonardo 

San Luis 


San Manuel 

San Marcelino 

San Mateo 

San Miguel 




San Miguel de Mayumo . 
San Nieolds 



San Narciso 


San Pablo 

San Pascual 

San Pedro 

San Pedro Macati 

San Pedro Tunasan 

San Quintin 


San Rafael 

San Ram6n 

San Remigio 


San Rieardo 

San Roque 

San Sebastian 


San Sim6n 

Sanchez Mira 



Santa Ana 


Santa Ana 


Santa Ana 

Santa Barbara 


Where situated. 



Negros (Western) . 

Ilocos Sur 




Anbos Camarines . 









Ilocos Sur 

Ley te 

Nueva Ecija 



Masbate , 



Abra , 

Ambos Camarines 





Nueva Ecija 


Negros (Eastern) . 

Nueva Ecija 









Nueva Ecija 






Ilocos Norte 





Ilocos Norte 











Nueva Ecija 











Ilocos Sur 



Ilocos Sur 


Nueva Ecija 




3, 271 
12, 155 

13, 266 
12, 892 
13, 918 
2, 397 

14, 017 
2, 994 


• 267 
9, 154 
2, Oil 








4, 126 


20, 460 


17, 800 

10, 204 





















Santa Catalina 

Santa Cruz 





Santa Cruz de Mindoro. 

Santa Cruz de Napo 

Santa F6 


Santa Ignacia 

Santa Isabel 

Santa Lucia 

Santa Maria 



Santa Maria de Mayan. 

Santa Margarita . . ". 

Santa Rita 


Santa Rosa 


Santo Domingo 


Santo Domingo de Basco 
Santo Niiio 


Santo Tomds 



San Vicente 


San Vicente de Saptang 




Sara via 




Sevilla j Bohol 

Do Ilocos Sur 

Where situated. 

Ilocos Sur 




Ilocos Sur 



Ilocos Sur 





Ilocos Sur 

Bulacan '. 


Ilocos Sur 

Isabela de Luzon . 








Nueva Ecija 

Ilocos Sur 

Nueva Ecija 







Ambos Camarinos. 

Ilocos Sur 






Negros (Western) . 






13, 141 

5, 876 
3, 102 


10, 508 

10, 030 
3, 939 




Sibonga .; 




Sierra Bullones 












Solana , Cagayan 

Solano Nueva Vizcaya 


Negros (Eastern) .. 





Negros (Eastern) . . 





Negros (Western) . 

Ilocos Sur 


Ambos Camarines 
Negros (Eastern) . . 
Ambos Camarines. 

Cebu , 


7, 359 

2, 891 

10, 769 





15, 304 




5, 920 





23, 455 

11, 675 

Male. Female. 












Tabontabon . 


Taganaan . . 
Tagbilaran. . 





Ilocos Norte. 



Negros (Western) , 


Zambales , 


Negros (Western) 











Ilocos Sur 



4, 722 

10, 720 
2, 636 
4, 332 
6, 285 

33, 378 

17, 436 

5, 226 




Where situated. 

TagTiiig Manila 

Talacogon Butiian 

Tambobon Manila 

Tamontaca Cottabato 

Tanauan Batangas 

Do Leyte 

Tanay I Morong 

Tandag Surigao 

Tangdlan ; Cdpiz 

Tanjay Negros (Eastern) . 

Tapaz Capiz 

Talacogon Surigao 

Talamban Cebu 

Talavera Xueva Ecija 

Talibong I Bohol 

Talisav ! Ambos Camarines 

Do ' Cebu 

Talisayan Misamis 

Tarangnan , Samar 

Tarifa I Davao 

Tarlae Tarlac 

Tayabas Tayabas 

Tayasan Xegros (Eastern) . 

Taysan Batangas 

Taytay Morong 

Do Palawan 

Tayug Pangasinan 

Tayum Abra 

Teresa Morong 

Temate Cavite 

Tetudn Zamboanga 

Tiaon Tayabas 

Tibiao Antique 

Tigao Surigao 

Tigoan Ambos Camarines 

Tigbauan Iloilo 

Timamama Surigao 

Tinambac Ambos Camarines 

Tiui Albav 

Toledo Cebu 

Tol6n Negros (Eastern) . 

Tolosa Leyte 

Do Surigao 

Torrijos Ilocos Sur 

Tuao Cagayan 

Tubao I Union 

Tubay Surigao 

Tubig Samar 

Tubigon Bohol 

Tublay Benguet 

Tuburigan Iloilo 

Tuburan Cebu 

Tudela do 

Tuguegarao Cagayan 

Tumauini i Isabela de Luzon . 

Tuy Batangas 

Ubay Bohol 

Ubong Nueva Vizcaya 

Umingan [ Nueva Ecija 

Unisan ' Tayabas 

Urbiztondo ' Pangasinan 

Urdaneta j do 

Uson Masbate 

Valderrama Antique 

Valencia [ Bohol 

Valladolid : Negros (Western) . 

Vera Davao 

Veruela Butuan 

Veruda Surigao 

Victoria [ Tarlac 

Viga j Catanduanes 

Vigan | Ilocos Sur 

Vilar ' Bohol 

Villaba ! Leyte , 

Villa-Real i Samar 

Villasis ' Pangasinan 

Villavieja ' Abra 

Vintar j Ilocos Sur 

Virac j Catanduanes 

Zamboanga Mindanao 

Zamboanguito Negros (Eastern) . . 

Zaragoza [ Nueva Ecija , 

Do Zambales 

Zarraga ] Iloilo 

Zumdrraga ' Samar 






996 \ 




Male. Female. 


This table l)rings out clearly certain facts and shows just where the 
trouble lies. While most of the small towns have one teacher of each 
sex, in the larger towns and cities no adequate provision is made for 
the increased teaching force necessary: so that places of 30,000 or 40.000 
inhabitants are often no better off as regards number of teachers than 
are other places in the same province of but 1,500 or 2,000 souls. 

The hardship thus involved for children desiring a primary educa- 
tion will be better understood if one stops to consider the nature of 
the Philippine "pueblo." which is really a township, often containing 
within its limits a considerable number of distinct and important vil- 
lages or towns, from the most important of which the township takes 
its name. The others, under distinct names, are known as " J«/7v*06-,'' 
or wards. It is often quite impossible for small children to attend 
school at the particular town which gives its name to the township on 
account of their distance from it, and even where the distance is not 
great, unfavorable climatic conditions during the rainy season may 
subject them to great exposure. 

It is of fundamental importance, then, that the number of primary 
schools be greatly increased at the earliest possible moment, and that 
the new schools be established with due regard to the distribution of 
population throughout the various townships, so that attendance upon 
them mav not entail too great hardship. 

The character and amount of the instruction which has heretofore 
l)een furnished is also worth}' of careful consideration. 

The regulations for primary schools were as follows: 

Instruction in schools- for natives shall for the present be reduced to elementary 
l»riniary instruction and shall consist of — 

1. Christian doctrine and principles of morality and sacred history suitable for 

2. Reading, 
o. Writing. 

4. Practical instruction in Spanish, including grammar and orthography. 

5. Principles of arithmetic, comprising the four rules for figures, common fractions, 
decimal fractions, and instruction in the metric system with its equivalents in ordi- 
nar)y(veights and measures. 

fi/ Instruction iii general geography and Spanish history. 
y/i. Instruction in practical agriculture as applied to the products of the country. 

8. Rules of deportment. 

9. Vocal music. 

It will be noted that education in Christian doctrine is placed before 
reading and writing, and. if the natives are to be believed, in many of 
the more remote districts instruction began and ended with this sub- 
ject and was imparted in the local native dialect at that. It is further 
and persistently charged that the instruction in Spanish was in very 
many cases purely imaginar}', because the local friars, who were 
formerly ex oficio school inspectors, not only prohibited it. but took 
active measures to enforce their dictum. This was especially true in 



those towns where, on account of their remote situation, the provincial 
governor rarel3^ intervened. We have been informed that in such 
regions even adults who had by one means or another acquired some 
knowledge of Spanish found it to their interest to confine themselves 
to the use of their native dialect. 

Ability to read and write a little of the local native language Avas 
comparatively common . 

Instruction in geography was extremel}'^ superficial. As a rule no 
maps or charts were available, and such information as was imparted 
orally was left to the memory of the pupil, unaided by any graphic 
method of presentation. 

The only history ever taught was that of Spain, and that under 
conventional censorship. The histoi*}^ of other nations was a closed 
volume to the average Filipino. 'A^ocal music was not taught, and 

e instruction in practical agriculture, where given, was a sorry 

The course as above outlined was that prescril^ed for boys. Girls 
were not given instruction in geography, history, or agriculture, but 
in place of these subjects were supposed to receive instruction ""in 
employments suitable to their sex." 

It should be understood that the criticisms which have been here 
made apply to the provincial schools. The primary instruction given 
at the Ateneo Municipal at Manila, under the direction of the Jesuits, 
fulfilled the requirements of the law, arid in some particulars exceeded 

The second article in the set of regulations above referred to reads 
as follows: 

Primary instriictif)ii is obligatory for all natives. The fathers, tutors, or guardians 
of children shall send them to the public schools between the ages of 10 and 12 
years, unless they prove that they give them sufficient instruction in their homes or 
in private schools. Those who do not obey this rule shall Ije admonished by the 
authorities, and compelled to do so by a fine of from one-half real to 2 reales (3 to 13 
cents gold at the present rate of exchange!) , ivhen there is a school in tht town at such 
a distance that the children can conveniently attend. The fathers and guardians of chil- 
dren may also send them to the schools between the ages of 6 and 14 years. 

As already indicated, the provision that children shall be sent, when 
there is a school v^hich they can conveniently attend^ renders this require- 
ment abortive. As a matter of fact, little or no attempt was made to 
enforce the rule, and there were plenty of cases in which schools had 
a scant dozen of scholars. 

In some towns special buildings served as schoolhouses. At the 
best they were usually cheaply constructed and most inadequately 
equipped. Often a room in the house of the schoolmaster or mistress 
served in lieu of a schoolhouse, while the lack of text-books, black- 
boards, and even of writing materials, frequently made it necessary 
that much or all of the instruction should be oral. 


It is true that very many of the civilized natives have never attended 
an}" school of any sort whatsoever; that a considerable additional num- 
ber have attended school, but have learned only a few prayers and a 
little catechism in their native dialect — they may or may not be able 
to read and write their own language. It is further true that a small 
number have learned to read and write Spanish mechanically^ with 
little or no knowledge of the words which they form or pronounce. 
A verj'^ small number have learned to read and write it intelligentlv. 
Rudimentary arithmetic is quite commonly taught. The kind and 
amount of information imparted under the other heads have already 
been sufficiently discussed. 

It is evident that a revision of the course of primarj^ instruction is 
urgently needed; that suitable buildings should be constructed where 
they do not already exist, and that the necessary equipment for 
carrying on primary school work in accordance with modern methods 
should be provided. 

Theoretically, the provincial schools remained open throughout the 
year; practically, they were often closed during the rainy season, 
during harvest time, or when the teacher happened to wish for a 

Under the old regime masters and mistresses were classified accord- 
ing to the importance of the towns where they served. Their salaries 
were as follows : 

Monthly compensa- 
Classification of teachers. *^^° (5°^^) • 

H ighest grade (first class) 

Highest grade (second class) 

Intermediate grade 

Lowest grade 


It is worth while to note in passing that of the 1,914 teachers 
employed in 1898 a very considerable number were "assistants," or, 
still worse, "temporary incumbents." 

When the Spanish authorities of the University of Santo Tomas 
were interrogated by the Commission as to why it was that a consider- 
able number of persons who could not themselves understand a word 
of Spanish were allowed to hold positions as teachers in the public 
schools, they replied that it was because no one could be found in the 
towns in question who knew the language. This fact in itself is 
a sufficient commentary on the way in which the law as to the 
teaching of Spanish has been carried out, but it can not be doubted 
that the director of the Manila Normal School for Men hit upon one 
of the fundamental causes of the utterly inadequate preparation of a 
considerable proportion of the primary school-teachers when he 
S. Doc. 138 3 


remarked that a man or a woman with sufficient education to fulfill the 
legal requirements of a position as master or mistress could not afford to 
practice the jpi'ofession when the compensation was so inadequate, as 
there were plenty of other wa3^s in which the knowledge and training 
gained could be employed to greater advantage. 

The normal school conducted by the Jesuits at Manila, which will be 
described later, has done good work in training teachers, but accord- 
ing to the testimony of its director the total number graduated since 
its foundation in 1863 has been only 1,900, of whom he feared but a 
small part had taught in the public schools, while many of those who 
had done so had thereby sacrificed their personal interests out of pure 

From these facts we conclude that additional provision should be 
made for the proper training of teachers, and that their salaries should 
be placed at such figures as to afford at least a respectable livelihood 
for those to whom is intrusted the all-important task of educating the 
youth of the Philippines. 

The schools of Manila were reopened early in September, 1898, by 
Chaplain W. D. McKinnon, acting under order of General Hughes. 
On July 1 Mr. George P. Anderson began work as superintendent of 
public instruction for the city. Under his administration the number 
of schools was increased to 39. At the end of the second week in 
July the enrollment of students was 3,721. By the end of the month 
it had reached 4,179. At the end of August it was 4,504, and the 
increase for the first two weeks in September, at the end of which 
time the commission left Manila, was proportionately greater than at 
any previous time. This, too, in spite of the fact that the months of 
July and August are, at Manila, the rainiest of the year. 

The introduction of the teaching of ICnglish into these schools was 
received with great satisfaction by the natives. The young Filipinos 
display a considerable aptitude for learning new tongues, and it is 
believed that if this policy' is followed out, English can within a short 
time be made the official language of the archipelago. The commission 
strongly recommend that it be done. 

The schools had also been opened in some of the towns near Manila, 
where municipal government had been established, at the time of our 
departure. Here, too, the introduction of English, wherever made, 
had been hailed with delight by the people, who could hardly believe 
that they were to be encouraged to learn the language of those in 
authority over them. 


Positions for the four higher grades were filled by competitive 
examination between holders of teachers' titles, but " assistants " were 
not required to have titles. The governor of each province was the 


inspector-general of all its schools. Formerh^ the friars were the local 
inspectors. The Maura law provided that the municipal captain should 
till this post, but in practice this provision was not carried out. 


The only official institution for secondary education in the Philip- 
pines was the College of San Juan de Letran, which was in charge of 
the Dominican Friars and was under the control of the university 

Secondary education was also given in the Ateneo Municipal of 
Manila, by the Jesuit Fathers, and this institution was better abd 
more modern in its methods than any other in the archipelago. But 
although the Jesuits provided the instruction, the Dominicans held 
the examinations. The Ateneo had a capable faculty of twenty-four 
instructors, and was supported by the municipality of ISIanila. 

There were no other public schools for secondary education in any 
part of the Philippines. There were, however, so-called ''private 
colleges," and "Latin schools." Of the former institutions those at 
Dagupan and Vigan were administered by Dominican Friars; those 
at Cebu, Jaro, and Nueva Caceres b}^ the Paulists. There was a 
sixth establishment of this sort at Guinobatan in charge of the Fran- 
ciscans, and a seventh at Bacolod presided over by the Recoletos. 

The private Latin schools were in charge of secular persons, who 
were, for the most part, Filipinos. There were some 25 of these schools 
in Manila, and 44 in other parts of the archipelago. The Dominican 
officials of Santo Tomas University exercised control over all of them, 
holding examinations when they chose to do so, and reckoning their 
pupils among those duly enrolled in their college of San Juan de Letran. 
They also absorbed the matriculation fees of the schools, but not those 
of the colleges. The character of the instruction in many of these 
private institutions, and the courses of study in all, left much to be 

Secondaiy education for girls was provided for by the schools of 
Santa Isabel, Concordia, Santa Rosa, and Looban, all in charge of Sisters 
of Charity. These Sisters also had schools at Jaro and Cebu. The 
Dominican Sisters had their college of Santa Catalina at Manila, and 
other schools at Lingayan, Vigan, and Tuguegararo. 

It is imperativel}^ necessary that the course of stud}'^ prescribed for 
the secondary schools should be modernized, and that increased facili- 
ties should be furnished b}^ the establishment of additional schools, 
which should be located with due regard to the distribution of popu- 
lation in the archipelago. 


There are two normal schools in Manila, one for the education of 
male and the other for the education of female teachers. The former, 


the so-called "Normal superior school," was established hy royal 
decree in 1863, and its management intrusted to the Jesuit Fathers. 
Education in this school was of two grades, elementary and superior. 
The elementary course conferred the title "Teacher of primary 
elementary instruction," and ran through three terms. A longer and 
more thorough course was required in order to obtain the title of 
"Superior teacher." The title of "Assistant teacher of primary 
instruction " could be obtained by passing special examinations, which 
were held four times a year. 

In connection with the normal school there was a school of primary 
instruction, which was conducted bj^ scholars in the advanced courses, 
under the direction of a professor, and they were thus given practical 
experience in the exercise of their future profession. 

Candidates for admission to the normal school were required to be 
13 years of age, and to prove the fact by certificate of baptism, or other 
equallj' valid document; it was also provided that they must be free 
from contagious disease and sufficiently vigorous to perform the tasks 
and duties of a school teacher; they Avere obliged to show that the}"^ 
were of good character b}'^ a certificate signed by the parish priest of 
the town from which they came. The further requirements were as 
follows: ability to speak Spanish and to write ordinarily well; some 
knowledge of Spanish grammar, including regular verbs; some acquaint- 
ance with Christian doctrine; familiarity with the four fundamental 
rules of arithmetic. 

No tuition was charged, the school being supported b}?^ the govern- 
ment, but boarding scholars were obliged to pay for their maintenance. 
Among the latter class there were, for a time, 16 pensioners of the 
Government, who were paid a monthly allowance of $10 each; upon 
receiving their degrees they were under obligation to practice their 
profession for a period of years. Unfortunately the Government did 
not long continue its policy of aiding worthy natives to fit themselves 
for teachers. 

Other graduates were at liberty to follow their own inclinations 
after leaving the school, and, as already indicated, many of them felt 
that they could not aflford to teach. In view of this fact, and of the 
additional fact that but 1,900 teachers have graduated from the normal 
school since its establishment, it may readily be seen that but a small 
proportion of the teachers employed in the year 1898 could have had 
a normal education. 

This school is at present open and the United States authorities 
have continued the support formerlj'^ furnished it by the Spanish Gov- 
ernment, paying it $8,880 (Mexican) annually. 

Up to the year 1893 the title of "Elementary schoolmistress" was 
conferred b}^ the director of civil administration at Manila upon grad- 
uates of the different "colleges" of the archipelago, after an exam- 


ination before a board consisting of the civil governor, the rector of 
the cathedral, the director of the normal school, and the directress of 
the municipal school for girls, who was a Sister of Charity. Two 
additional members were elective and were changed every second year. 
The examinations, which covered the prescribed courses of primary 
instruction, were not strict. 

By virtue of a roj^al decree dated March 11, 1892, and put into force 
the following year, a superior normal school for schoolmistresses was 
finally established at Manila, in charge of the Augustine Nuns of the 
Ascension, who came from the Royal College of Santa Isabel, in 
Madrid. This school conferred the titles ''Elementary mistress" and 
"Superior mistress." The "colleges" of Santa Isabel and Vigan also 
had the right to confer the normal titles, the privilege having been 
granted them by royal decree. 

Since an increase in the number of public schools in the Philippines 
will require an increased number of teachers, and since the normal 
schools which have existed in the past have been unable to meet 
the requirements of the schools already established, it follows that 
greatly increased facilities for the education of teachers should be 
provided as soon as practicable. 

Among the many preposterous statements which have appeared con- 
cerning the Philippines, perhaps the most ridiculous is that the per- 
centage of illiteracy among the civilized natives is lower than among 
the inhabitants of Massachusetts. That this could not possibl}" be 
true will be apparent to anyone who will stop to consider that in the 
year 1898 there was in Massachusetts one teacher in the public schools 
to each 189 inhabitants, while in the Philippines there was but one to 
each 3,500 of the more civilized inhabitants, or one to each 4,179 indi- 
viduals of the total population. It is further interesting to note that 
the average monthly salary paid to men in Massachusetts in 1898 was 
$137.50 and that paid to women was $51.44, while in the Philippines 
men received from $7.50 to $20 and women from $5 to $12.50. Few, 
indeed, of the teachers in the Philippine schools had done work equiva- 
lent to the entrance requirements for a Massachusetts high school. The 
amount expended, in 1898, on the public schools by Massachusetts, 
with a population of 2,495,345, was $8,292,320.12. 

The commission has not been able to secure the Philippine figures for 
that year, but in 1888 the total amount expended on education, exclu 
sive of schools of agriculture, was $124,963.70 (Mexican). Of this 
amount, $86,450 was expended in Manila alone, leaving hut $38^513.70 
fm^ all the provinces. On the school of agriculture and the experi- 
ment stations $113,686.64 was expended, giving a grand total of 
$238,650.34. In 1894 the grand total was $404,731.50. The conmais- 
sion is unable to ascertain how this amount was distributed, but it is 
probably safe to assume that the proportions were about as in 1888. 



The onl}' institutions for higher education in the Philippines have 
been the Royal and Poutilical University of Santo Tomas, and the 
Royal College of San Jose, which has for the past twenty -five years 
been under the direction of the university authorities. 

Santo Tomas was founded as a college by the third archbishop of 
Manila between the years 1603 and 1610. On November 20, 1645, it 
was raised to the status of a universitj^ by Papal bull. Meanwhile 
the Jesuit fathers had also established a university which had begun 
to confer degrees. Difficulties arose between the rival institutions, 
but they both continued to give degrees until the Jesuits were expelled 
from the colony in 1768. In 1785 Santo Tomas was styled a "royal 
university," and declared to rank with similar institutions in Spain. 

In 1898 it was giving degrees in theology, canonical law, philosophy 
and letters, jurisprudence, and physical and chemical science. \Vhile 
far below the standard of an English, German, or American univer- 
sity, especially in its scientific departments, it has nevertheless edu- 
cated man}^ men who have since become eminent in various walks of 
life. This is especially true of the graduates of its law department. 

The College of San Jose was founded by the Jesuit fathers in 1601, 
and was for some time chiefly maintained by donations from the fami- 
lies of the scholars. Subsequently money and property were con- 
tributed by various persons toward its support. During a consider- 
able period it received aid directly from the King of Spain. Its 
original object was to educate the sons of Spanish inhabitants "in 
virtue and letters." 

In 1768 the Spanish Government, exercising its right of vice-royal 
patron, took the college from the hands of the Jesuits and eventually 
turned its administration over to a canon of the Manila Cathedral. 
Successive canons continued to administer its affairs under Govern- 
ment control until 1875. At this time an important decree was issued 
reorganizing education in the Philippines, wherein it was provided 
that the College of San Jose should give instruction in medicine and 
pharmacy. The Government placed the direction of the institution in 
the hands of the rector of Santo Tomas. From this time on San 
Jose has conferred degrees in medicine and pharmacy. 

San Jose is richly endowed. As a detailed history of the institution 
and the many vicissitudes through which it has passed is given in the 
volume of testimony, it need not be further described here. 



A school of arts and trades was created in the Philippines in March, 
1891. By decree of November 4, 181>3, it was empowered tOvConfer the 
titles apprentice, mechanical engineer, electrician, master of works, and 
mercantile '•perito.'' That an institution of this sort might do excel- 
lent work in the Philippines is shown by the fact that in 1894 no less 
than 2,833 students matriculated, but owing to the failure to provide a 
suitable faculty and proper courses of instruction, the school prac- 
tically came to naught. 


• The Manila School of Agriculture was created by royal decree of 
November 29, 1887. Its objects were as follows: 

The theoretical and practical education of skilled farmers; the edu- 
cation of overseers; the promotion of agricultural development in the 
Philippines by means of observation, experiment, and investigation. 

Agri(;ultural stations were established in Isabela de Luzon, Ilocos, 
Albay, Cebu, Iloilo, Leyte, Mindanao, and Sulu. Although, owing 
to various causes, this institution has not been a great success, there 
can be no doubt that a properly conducted agricultural college, with 
experiment stations scattered through the archipelago at suitable 
points, would be of the greatest value to the inhabitants, and would 
materiall}' aid in increasing the wealth of the Philippines. 

It should be remembered that many of the more important products 
to-day grown in the islands were not native, but have been introduced. 
In the province of Benguet a strictly temperate climate is found, while 
the low-lying islands of the Sulu Archipelago are distant but 6*^ from 
the equator. Taking into consideration the wonderfid diversity of 
climatic conditions thus aflorded, it can not be doubted that much 
remains to be done in the way of ascertaining what new and valuable 
crops can be proiitabh' grown in the Philippines. 

On the other hand, the methods at present emploj^ed by the practical 
agriculturists of the islands are for the most part extremelv primitive, 
and their speedy improvement is a thing to be desired and provided for. 


A nautical school existed in Manila for the education of "'Pilots of 
merchant marhie." The theoretical courses given extended over a 
period of three years, and were accompanied by practical instruction 
in navigation. The eharacter of the work done is said to have been 
very good. This school, which was closed for a time during the war, 
has been reopened under an American naval officer. 


The reorganization of this school, formerly called the Academy of 
Drawing, dates from the year 1892. The attendance upon it since its 


reorganization has been from 200 to 300, and in .spite of the inferior 
character of the instruction given, the fact has been demonstrated that 
some of the Filipinos have artistic ability of no mean order. 


The seminaries which existed in the Philipj^ines for the purpose of 
preparing the youth of the country to take orders were as follows: 
One at Manila, in charge of the Jesuit Fathers, and a second in charge 
of the congregation of San Vicente de Paul; seminaries at Cebu, Nueva 
Caperes, and Jaro, under the direction of the same order, and one at 
Vigan in charge of the Augustinians. These seminaries taught the 
studies of the secondary course, and in addition metaphysics, moral 
theology, liturgy, rubrics, Gregorian chanting, dogmatic theology, and 
theological topics. The two subjects last mentioned were not obligatory. 


A military academy existed at Manila for the education of the sons 
of army men residing in the colony, as well as for soldiers and non- 
commissioned officers who desired to fit themselves for promotion. 
Its graduates were eligible candidates for admission to the general 
military academy of Spain at Toledo. The instruction given seems to 
have been superior to that afforded in many of the institutions pre- 
viously described, and the examinations were comparativel}'^ strict. 
The annual attendance was approximately a hundred. 

This completes the list of important educational institutions which 
formerly existed in the Philippines. 


Considerable difference of opinion apparently exists among Philip- 
pine educators on this point. The Dominicans assured us that the 
native was dull in learning languages, while the Jesuits considered him 
quick, especially in early youth. All were agreed that mathematics 
were hard for him, but that he made a good mechanic. 

He possesses remarkable patience and great manual dexterity. He 
is a natural musician, and, with his imaginative character, has a 
liking for art, but he has thus far shown himself to be an imitator 
rather than a creator. The few men who have proved exceptions to 
this rule are said to have been mestizos, or people of mixed blood. 

The University of Santo Tomas has graduated a number of men who 
have become very able lawyers. Several Filipinos have shown good 
ability as chemists, and at least one was in a fair wa}^ to become a dis- 
tinguished botanist when his career was cut short b}^ death. 

In the old days it was not altogether safe for a native to avail him- 
self fully of the educational facilities theoretically afforded him at the 


institutions within the archipelago, and if he went abroad to pursue 
his studies he was a marked man after his return. This fact was strik- 
ingly illustrated in the case of Dr. Rizal, who was eventually executed 
without just cause. His fate has been shared by many other prominent 
Filipinos in the past. 


In view of the facts above set forth, it must be admitted that the 
average native has never as yet had a fair opportunity to show what 
he can do. The attainments of some of his fellows who have had 
exceptional advantages have been such as to dispose the commission 
to credit him with ability of no mean order. He is at all events keenly 
alive to the drawbacks under which he has thus far labored and 
strongly desirous of securing better educational advantages. 

In the opinion of the commission, the government established in the 
islands should promptly provide for the fulfillment of this reasonable 
and most praiseworthy desire by the establishment of an adequate 
system of secularized and free public schools. 

To this end the present number of primary schools should be 
increased as rapidly as possible until it meets the needs of the popula- 
tion. The course of study given should be revised and suitable build- 
ings and equipment provided. 

The standard set for teachers should be gradually raised, and addi- 
tional facilities should be provided for their education. 

Their compensation should be sufficient to enable them to live com- 

Instruction in the English language should be introduced as speedily 
as practicable into the primary schools. 

Secondar}'^ education should be taken in hand, the course of study 
thoroitfghly revised, and a moderate number of new schools established 
at suitable points throughout the archipelago. 

»^he establishment of good agricultural and manual-training schools 
is especially recommended, as it is believed that such ha^titutions are 
peculiarly suited to the present needs of the people. ^ 

Thorough supervision of the schools of the archipelago should be 
provided for under a secretary or commissioner of education. 

It is evident that if these recommendations are carried out they 
will involve the annual expenditure of a sum greatlj'^ in excess of that 
which has thus far been devoted to meeting the educational needs of 
the Philippine Islands; and suitable measures should be taken for the 
raising of the necessary amount by taxation. -The commission takes 
pleasure in recording the fact that it was everywhere and at all times 
assured, both by friendl}' Filipinos and by insurgent representatives, 
that the people of the islands would cheerfully bear almost any burden 
of taxation having for its object the provision of funds for a good 


public-school S3'stem. It is our opinion that there is no other object 
on which liberal expenditure could be made with such certainty of 
good returns. 

Those who desire to pursue the subject of education further are 
referred to the testimony of George P. Anderson, superintendent of 
public instruction in Manila; Father Santiago Paya, rector of the 
Universitj' of Santo Tomas; Father Miguel Taderva, S. J., director 
of the Ateneo Municipal; Father Pedro Torra, S. J., principal of the 
Normal School for Men, and to that of Senores Filipe Calderon and 
Mariano Sivencio del Rosario. The testimony of these gentlemen, 
and the documents and papers which accompany it, all of which will 
be found in the third volmne of this report, give statistical informa- 
tion of a varied character concerning the various institutions here- 
inbefore described. 


Chapter I. 

To ascertain the best form of government for the Philippine Islands, 
it seems necessary- to study the government in the actual form in which 
it existed in recent 3'ears,"then the reforms which the Filipinos desired 
in that system, and, lastly, the organization which seems most expe- 
dient in the light both of the aspirations of the natives and the spirit 
and traditions of American policy. 

For the understanding of the Spanish form of government in the 
Philippines the following tables will prove instructive: 



Luzon and the Visayan islands are divided into Provinces and districts. 

l<'ach province or district is divided into Pueblos (towns) . 

Each pueblo is divided into Distritos (divisions) . 

ICach distrito is divided into Barrios (wards) . 

Each barrio is divided into Barangayes (groups of 

from 50 to 100 families) . 


The governor-general, assisted by the council of administra- 
tion, the board of authorities, and the general directorate 
of civil administration form the general government of 
the Archipelago. 

The governor of the province, assisted by the provincial 
council (junta) , governs or rather supervises the affairs 
of the Province. 

The municipal tribunal, assisted by the principalia, admin- 
isters the Pueblo. 

The cabeza de barangay (head of a hundred) represents 

the government as a sort of agent in the Barangay. 

The di\isions called distritos and barrios are merely for the purpose of adminis- 




The governor-general is appointed by the Government in Spain. 

Council of administration: 

Three delegates from Luzon and three from the Visa- 
yan Islands elected by Provincial councils (jun- 

Others appointed by Spanish Government. 

Governor of province appointed by the Government in Spain. 

Provincial Junta: 

Governor of province and five other oflBcials Members ex officio. 

Four other members elected by Municipal captains. 

The municipal tribunal (captain and four lieutenants) elect- 
ed by Twelve delegates of the 

principalia (chief citi- 
zens) . 

Twelve delegates of the principalia chosen by the Principalia. 

The principalia is composed of — 

All persons who have held certain oflBces. 
Persons who have paid $50 land tax. 
The cabezas de barangayes are appointed by — 

The governor of the province on recommendation of 
the 12 delegates or "principals" and municipal tri- 
bunal, but practically elected by Municipal tribunal. 


The Maura law, which organized the municipal government of the 
Philippine Islands, applies to Luzon and the Visayan islands, different 
provision, mainly military, being made for the Sulu Archipelago and 
Mindanao. The natives of Luzon and the Visayan islands have in the 
main been civilized and christianized, and they live together in pueblos 
(city or towns). A municipal tribunal (council) was under the Maura 
law established in every pueblo of Luzon and the Visaj^an Islands, 
with the exception of Manila, Hoilo, Cebu, and some other places which 
it is unnecessar}^ to mention here. This council is defined as the legal 
association of all the people living within the limits of the same pueblo, 
and is charged with the administration of its affairs and interests. 
This is the only home rule the Filipinos enjoyed, and by a study of the 
system and its operations we can gain an accurate idea of their experi- 
ence in the administration of public affairs and, inferentially, of their 
capacity at the present time for self-government. 

The governor-general of the archipelago is, by virtue of his office, 
president of every municipal tribunal, which, in addition, consists of 
five persons. These are the municipal captain and four lieutenants, 
who are designated, respectively, the chief lieutenant, the lieutenant 
of police, the lieutenant of fields, and the lieutenant of live stock. 
These offices are honorary, the incumbent receiving no compensation, 
and obligatory for those elected to them. The term of office is four 
years. While each municipal tribunal is independent of eveiy other, 


the law provides that different towns may unite together for the 
accomplishment of certain objects, such as the construction of public 
works, the foundation of schools and charitable institutions, the better 
protection of their industries, and also the fuller enjoyment of common 

It has already been stated that the governor-general is the ex-officio 
president of every tribunal. It will be seen hereafter that the tribunal 
is also subject to the authority of the provincial governor and his 
council (junta). Meantime, however, it seems desirable to consider 
the relations of the municipal coun(;il to the people of the pueblo 
whose affairs it administers, and also the mode of its election. 

The 2>rinclpalia or electors. — The most conspicuous feature in the 
method of selecting the council is the limitation of the franchise. Far 
from universal suffrage, the system does not even rest upon an educa- 
tional or property qualification, but confers the right of voting only 
upon the principal persons (principalia) of the pueblos. By princi- 
palia is understood that aggregation or group formed in each town 
(pueblo), without fixed number, comprising all those individuals who 
have held office or are holding office or who pay $50 of land tax. 
More particularly^, one at least of the following qualifications is 
demanded of those who become members of the principalia: 

(1) To have been a gobernadorcillo under the old regime; (2) to 
have been a lieutenant of justice; (3) to be the "cabeza de baran 
gay " (head of 80 or 100 men) or to have been the holder of that office 
during ten consecutive years without any bad standing; (4) to be a 
past captain (capitan pasado); (5) to have been a municipal lieuten- 
ant during the legal time without any unfavorable standing; (6) to 
pay $50 land tax. 

The principalia, as thus determined, constitutes the voting class of 
the population of every pueblo. No one votes who is not a member 
of the principalia, and the first and most important function of the 
principalia is to secure a municipal council. They do not themselves, 
however, elect directl}^ the members of that council. They elect 
twelve delegates or "principals" who perform all the duties and func- 
tions belonging to the principalia. 

The twelve delegates electedhy the jprincijpalia. — It is required that the 
list of twelve delegates (principals) shall be made up in the following 
manner, namely: Six from the class who have served as "cabeza de 
barangay," three who have been "past captains," and the remaining 
three from those who pay the land tax of $50. 

The term of office of each of the twelve delegates is four years. 
The office is honorary, gratuitous, and obligatory. It is arranged so 
that four delegates go out of office every two years. 

The first and the principal duty of the twelve principals is to choose 
the members of the municipal tribunal, which body forms the active 


government of the town, and the choice is effected by a majorit}'^ vote. 
The powers and attributes of the twelve delegates chosen by the prin- 
cipalia are in detail as follows : 

(1) To choose by majority vote the five members of the municipal 
tribunal; (2) to form jointly with the tribunal the ternas (list of three 
persons nominated to the governor of the province for the office of 
each cabezade barangay (head of a hundred families)); (3) to assist 
in holding the auctions which the tribunal decide upon, the oldest two 
of the twelve delegates being appointed for this work; (4) to levy, 
in conjunction with the municipal tribunal, the taxes or imposts 
from which the public funds are derived; (5) to make out, together 
with the municipal tribunal and the reverend parochial priest, an 
account of the permanent resources with which the permanent 
expenses are to be paid; (6) to assist the municipal tribunal in fixing 
the per cent of taxation which is imposed upon land or rural property. 
The reverend parochial priest also assists in this work; (7) to assist 
the municipal tribunal in deciding upon what public works of a cost 
less than $400 shall be constructed. In case the cost of the work is 
to exceed $400 the approval of the governor-general is also necessary. 
The reverend parochial priest also assists in this work; (8) to decide 
with the municipal tribunal and the reverend parochial priest upon 
modifications which are to be made in the account of expenses and 
resources; also, to approve any authorization of expenses occasioned 
by extraordinary necessity; (9) to revise, jointly with the municipal 
tribunal, the accounts which the captain of the tribunal presents on 
the loth of February each year. 

The inunicvpal tribtinal {in general). — ^The municipal tribunal is com- 
posed of a captain and four lieutenants, namely, the chief lieutenant, 
a lieutenant of police, lieutenant of fields, and lieutenant of live stock. 

These members of the tribunal are all elected by the twelve dele- 
gates of the principalia. The office is honorary, gratuitous, and for a 
term of four 3'ears. 

The municipal tribunal is the body which has in charge the active 
work of governing the pueblo. It is something like the common 
council known in cities in the United States, but the analogy does not 
go far. The tribunal is a very important corporation. Its functions 
can be divided into two classes: (1) Administration of public works, 
etc., and (2) the detail work of taxation. 

(1) More specifically the tribunal has charge of the organization of 
the town, its interior government, the schools, health and sanitation^ 
encouragement of agriculture, industrj^, and commerce, the care of 
municipal buildings, municipal services, policing, roads, etc. 

(2) The other class of duties includes the collection of all the rents 
and revenues derived from public property, the determination, collec- 
tion, and investment of all the taxes and imposts necessary to defray 


the expenses of government and the execution of public works, and 
the keeping of the accounts of the same. 

The captains of the various tribunals in a province meet and elect 
the four elective members of the provincial council (junta). 

Tlie ca2)tain. — As has been said above, the captain of the tribunal is 
chosen b}^ the twelve delegates of the '' principal ia." 

To be a captain of a tribunal one must be a native or a mestizo de 
sangley (Chinese-Filipino, second generation) more than 25 years old, 
a resident of the pueblo, a resident of the town for four years pre- 
ceding his election, be able to speak and write Spanish, and have been 
cabeza de baranga}" for six j^ears with good standing and free from 
debt, or be at the time cabeza de barangay, having served four years 
without any unfavorable standing. He must not at the time of his 
election be one of the 12 delegates of the " principalia," or be drawing 
any salary from the state in an}" way, or continue to hold another 
position in the government. 

Duties oftJie captain. — It is the duty of the captain to preside over 
the municipal tribunal whose representation he assumes, publishing 
and executing all its acts or suspending them when the}" are not prop- 
erly under the jurisdiction of the tribunal, or are prejvidicial to the 
interests of the people, or dangerous to the public order. 

In addition, it is the duty of the captain (1) to publish orders for 
the city or rural police; (2) to inspect the schools and municipal 
offices; (3) to name or suspend the officers, the assistants, or clerks of 
the municipal tribunal whose existence is authorized in the appropria- 
tion for expenditures; (4) to direct the administration of the pueblo; 
(5) to order the payment of taxes; (6) to demand the prompt payment 
of taxes, and (7) to preside at the public auctions which the tribunal 
decides to hold. 

The captain also has disciplinary jurisdiction and can impose a 
pecuniary fine, or can issue an order or note of warning when any 
offense is committed within the limit of his jurisdiction. 

The lieutenants.- — The other members of the tribunal besides the 
captain are the four lieutenants — the lieutenant mayor, the lieutenant of 
police, the lieutenant of fields, and the lieutenant of live stock. The 
lieutenants are elected in the same manner as the captain, and have to 
have the same qualifications, with the sole exception that it is not nec- 
essary to have been a cabeza de barangay for any specified time; to 
have held the office is sufficient. 

The term of office of the lieutenants is four years, two retiring every 
two years. The office does not carry compensation, and the duties are 

TJie special duties of lieutenants. — In general terms it may be said 
*hat the duties of the lieutenants are inspection and jurisdiction over 


their respective departments of government. Their duties are regu- 
lated by special act. Briefly and in general terms they are as follows: 

The lieutenant mayor takes the place of the captain when the latter 
is unable to preside on account of illness, absence, or impeachment, 
and when acting for the captain he has the same powers and duties as 
are given to the captain. He also has the duties formerly given to 
the sindico. In this latter capacity the lieutenant mayor signs with 
the captain all bills, accounts, etc. 

The lieutenant of police supervises the cleaning of the streets and 
the ornamentation of the same; he also inspects bridges, houses, 
stables, j^ards, and parks. He must not permit scandals of any kind, 
any amusement which is not legally authorized, games to be played in 
the streets which interfere with travel, or allow any animal to run 
loose in the streets. He also has charge of the policing of the town. 
The lieutenant of fields encourages agriculture and tries to improve 
the condition of the rural districts. He must not permit timber lands 
to be used for cultivation. He also carries out any orders that the 
tribunal may issue to him. 

The lieutenant of live stock passes upon all the credentials of owner- 
ship of live stock, as well as all transfers of the same. No exchanges or 
sales of live stock can be made without the knowledge of the tribunal. 
He further sees that diseased animals are kept apart from the others. 
He also sees that all decrees of the tribunal in regard to live stock or 
slaughterhouses are carried out. 

Disciplinary jurisdictimi over the m/unicipal tribunal. — The gov- 
ernor-general, as president ex-ofiicio of all municipal tribunals, and 
the governor of a province, as delegated representative of the governor- 
general, can exercise disciplinary jurisdiction over the municipal tri- 
bunals as bodies or over their members. 

The governor-general, after being advised by the council of admin- 
istration, has exclusive authority to discharge a member of a tribunal 
or even the entire tribunal. The governor-general can also overrule 
a suspension made by the governor of a province, providing the sus- 
pension has not been in effect more than fifteen days. 

The governor of a province can (1) warn; (2) admonish; (3) impose 
a pecuniary penalt}'^ (maximum of $12 for captain and $6 for lieuten- 
ant); and (4) suspend the members of a tribunal or the tribunal as a 
body for a period of not more than three months. In case of suspen- 
sion the governor has to consult with the provincial council and get 
its approval. 

When a member of a tribunal has been disciplined by the governor 
of a province, the member may appeal to the governor-general for a 
reconsideration of his case. The governor-general then consults the 
provincial council in regard to the matter. 


vVhen a vacanc}'^ is created by a suspension of a member of a tribunal, 
one of the two supplementary members previously elected by the 
twelve delegates of the electors is assigned to the vacancy. In case 
more than two vacancies are created by suspension, the election of new 
members does not revert to the twelve delegates, but to the governor 
of the province, who makes an appointment after consulting the provin- 
cial council in regard to the matter. 

Resources of the municijxd tribunal. — Under the Maura law the col- 
lection of the taxes and the distribution or use of the funds were given 
to the municipal tribunal. The funds, however, are kept in the chest 
or treasury of the provincial council in the capital of the province. 
The provincial council exercises an important check on the municipal 
tribunal, since it is required that the council approve all new taxes or 
imposts before they are levied, approve all expenditures, bills for 
erection of public works, and the accounts of all receipts and expendi- 

The revenues of the town are derived, as authorized b}^ the law, from 
the following sources: Taxes on (1) fisheries, (2) credentials of owner- 
ship of live stock, (3) deeds, (4) rents derived from public property, 
(5) taxes on billiard rooms, (6) on theaters and horse races, (7) markets, 
(8) slaughterhouses, (9) bridge tolls and ferry tolls, (10) inclosures for 
animals, (11) lighting and cleaning the streets, (12) a charge of 10 per 
cent on the city tax, (13) penalties levied in the municipality, (14) taxes 
on rural propert}^ as decided upon by each tribunal, (15) commutation 
money in lieu of labor on the roads, and (16) such other taxes as may 
be decided upon in due form. 

The municipal tribunal can choose certain ones of the above-named 
methods of raising revenue, or can make use of them all, provided that 
the consent of the twelve delegates of the principalia and the reverend 
parochial priest is obtained in the matter. The municipal tribunal, 
with the consent of the principalia and the reverend parochial priest, 
can decide what per cent of taxation shall ])e levied on rural property. 
This tax is kept separate from the others and the funds derived from 
it can only be used for the construction of public works in the pueblo 
where the tax is levied. The funds derived from the tax are also 
deposited in the treasury of the provincial council, but a separate and 
distinct account is kept of them. 

Estimates of receipts and expenditures of the municipal trihunal. — 
One of the first duties of the municipal tribunal after it meets for the 
first time is to formulate an account of the expenses which it estimates 
will be indispensable for the maintenance of the government for the 
ensuing year. At the same time that this is done the tribunal, with the 
assistance of the twelve delegates and of the reverend parochial priest, 
forms an account of the incomes that will be derived from the different 
methods of taxation. This estimate of income is, of course, adapted 
S. Doc. 138 4 


to the estimate of the expenditures. Once made out, these estimates 
of receipts and expenditures can not be changed except in the manner 
prescribed by law. A copy is kept in the office of the tribunal and in 
the office of the provincial council. These copies serve as a check on 
all transactions in regard to the public funds. These estimates are 
kept from year to year and are only altered to suit the conditions. 

Before these estimates which the municipal tribunal makes out are 
put in force the}" must be approved b}' the provincial council, which 
bod}" examines them in order to prevent any abuse or misuse of the 
funds. The council then recommends to the governor of the province 
that the estimates be approved or that they be modified in certain 

A change can be made in the estimates if such a change is agreed 
upon by the twelve delegates, the tribunal, and the reverend parochial 
priest. No change made during the year can take effect until the year 
following. Notice of any change must be sent to the governor of the 

The money derived from land tax is not included in the account of 
resources; nor is the money expended in public works included in the 
account of the expenses. As the land tax is reserved entirel}^ for 
expenditures connected with the public works, these accounts are kept 

Tlie collection of taxes. — As has been stated above, the municipal tri- 
bunal has charge of the levying, collection, and administration of the 
taxes of a town. The municipal tribunal can, if it sees fit to do so, 
lease the collection of any tax or taxes except the one on land and rural 
property. No lease of this kind, however, can be made for a period 
of more than three years. 

When the municipal tribunal decides that it will farm the collection 
of certain taxes, a public auction is held. The captain of the tribunal 
presides at this auction and he is assisted by a lieutenant and the old- 
est two members of the twelve delegates. The provincial council 
makes regulations pertaining to these auctions. Taxes not farmed are 
collected b}^ the cabezas de barangayes, or other officers designated by 
the tribunal. The members of the tribunal are personally responsible 
for the amount intrusted to the persons appointed for the collection 
of the taxes. The collector of taxes is not responsible for the taxes 
which he fails to collect when failure to collect them is not due to 
negligence or bad faith on his part. 

The officer in charge of the collection is required to make a weekly 
deposit with the captain of the tribunal, such deposit including all the 
taxes collected up to that date. For such deposit the captain gives 
the collector a receipt and himself retains a duplicate of the receipt. 

Examples of taxes.- — The royal decrees authorize the municipal tri- 
bunal to establish imposts strictlj^ for its own use and for the benefit 


of the pueblo. These imposts are, as has been stated, laid on markets, 
slaughterhouses, fisheries, fords, and ferries, certificates of ownership 
of propert}' or animals, certificates of transfer of property, and in- 
closures for animals. 

A market is a place where the residents of the pueblo sell their wares 
and products. The municipal tribunal delegates a person to levy a 
tax on all persons using the market, the tax being in proportion to the 
amount of goods that are sold. The municipal tribunal of an average 
town generally collects in this way ^'26 or $30 ever}' three months. 

Generally there are no puljlic slaughterhouses in the towns in the Phil- 
ippine Islands, and those who wish to kill an animal, such as a cow, buf- 
falo, pig, goat, or sheep, have to do it at their own houses. Before doing 
so, however, they must notify the municipal tribunal in order that 
bills and receipts may be sent for the collection of the tax. A fine is 
imposed on anyone who kills an animal and does not notif}' the munici- 
pal tribunal. The tax levied varies accoi'ding to the kind of animal 
which is killed. The following is an average rate: Sheep, 50 cents; 
buffalo or cow, 81.50; pig, 25 cents; goat, 25 cents. Charging a tax 
according to the scale given above, the municipal tribunal should 
derive from 815 to 825 every three months from this source of revenue. 

A charge is levied on all fishing in the rivers mthin the limits of the 
pueblo. An}^ resident or nonresident who wishes to fish in an}" stream 
must obtain a ticket of permission from the municipal tribunal. This 
ticket costs as follows, according to the class of net used: First-class 
net, 82.50; second-class net. 81.50; third-class net, 81; fourth-class net, 
75 cents; fifth-class net, 50 cents; sixth-class net, 20 cents. The per- 
mission granted by the municipal tribunal is good for one year. 

When there is no bridge over a river a charge is levied for ferrying 
persons and carriages across. These ferries are sometimes called 
fords, for they are operated by workmen who tug the rafts or boats 
by wading through the rivers. The men who operate these ferries 
are employed by the municipal tribunal, and hence the profits go to 
the corporation. Anyone who wishes to cross a river must purchase 
a ticket and pay as follows, according to the kind of conveyance he is 
using: If traveling with four-wheeled carriage, 20 cents; if traveling 
with quilez or carramata (two- wheelers), 10 cents; if traveling with 
loaded cart, 5 cents; if traveling with cart with springs, 7 cents; if 
traveling with empty cart, 3 cents; if traveling horseback, 2 cents; if 
traveling on foot, 1 cent. A scale of prices like that given above nets 
from 840 to 815 every three months. 

The municipal tribunal issues to persons wishing to certify to or 
transfer their ownership of animals a certificate of ownership. Each 
of these certificates costs 15 cents. This small charge nets from 810 
to 815 every three months. 

In nearly all of the towns there are inclosures for animals where peo- 


pie can leave their live stock and not have them lost. These inclosures 
are watched veiy carefully by the stewards of the municipal tribunal. 
Owners of cattle who make use of the inclosure have to pay 5 cents 
daily. These inclosures net a revenue of from $10 to $15 every three 

A pecuniary penalty is imposed upon all persons who refuse to obey 
the orders of the municipal tribunal. The penalt}^ is called a munic- 
ipal fine. The fines are collected by means of receipted bills made 
out by the first lieutenant and signed by the municipal captain. These 
receipts cost 50 cents, $1, $2^ or $5, according to the gravity of the 
offense committed. From this source of revenue $20 or more is 
collected every three months. 

The tax on carriages, carts, and horses, and also on weights and 
measures, is leased by contract. The mone}' derived from these imposts 
is deposited in the treasury of the provincial council in the capital of 
the province. The tax upon cock fights is alwaj^s leased by contract 
and the monej^ derived from the same deposited with the administrator 
of the provincial treasury, in the capital of the province. 

Below is given a recapitulation of the taxes imposed by the munic- 
ipal tribunal. The estimates given are what can ordinarily be collected 
in the towns where there is not much life in the markets and slaughter- 
houses. The annual income derived from the impost upon markets is 
$100; upon slaughterhouses, $60; upon fisheries, $100; upon ferrie.'?, 
$160; upon inclosure for animals, $40; upon municipal fines, $80; upon 
certificates of ownership, $40; total, $580. 

Land tax. — A tax on land or rural property when decided upon by 
the tribunal and approved by the twelve delegates of the principalia and 
the parochial priest applies to uncultivated as well as cultivated lands. 
When such tax is to be levied a detailed list of all the land or rural 
property in the pueblo is made out, giving the extent, limits, value, 
etc., of the same. A duplicate of this list of property is then sent to 
the provincial council. The council then makes an abstract of this list 
and sends the abstract, giving the figures, to the governor of the prov- 
ince, who in turn sends it to the governor-general. 

When one's property does not correspond to that given for him lu 
the list he can remonstrate. This remonstrance must be directed to the 
provincial council. The council then recommends to the governor of 
the province its decision in the matter, and the governor of the prov- 
ince acts on the same. 

Tlte disposition of taxes. — The taxes having been collected and paid 
to the captain of the municipal tribunal, the captain in turn deposits 
them in the treasur}^ of the provincial council. This deposit of taxes 
must be made every three months, the captain himself going to the 
capital of the province or sending a representative. The capta,in is 
responsible for the funds up to the time the}^ are deposited in the 


treasury of the council. The deposit of moneys in the treasury must 
be accompanied by a detailed account in duplicate showing from what 
sources the mone}' deposited is obtained. 

A good check is kept on the state of the finances of a town by 
means of estimates which will be described below. At the beginning 
of the year an estimate of receipts and expenditures is carefully made 
out, copies being kept in the office of the tribunal and in the office of 
the provincial council, to avoid any embezzlement or overdrafts. 

The keys of the treasury in which all the moneys are deposited are 
kept by three persons — the provincial attorney, the administrator of 
the treasury, and a member of the principalia. These three keepers 
of the keys to the treasury are individually responsible for the funds 
therein deposited, each being thus a check on the other. 

On the same day, once in three months, on which the captain deposits 
the funds of the town in the treasury of the council, he also draws out 
from the treasurj" the amount necessary to pay the expenses and debts 
of the tribunal for the following three months. This withdrawal of 
funds from the treasury' must be strictly in accordance with the esti- 
mate made out at the beginning of the year. 

The statement of receipts and expenditures made out by the captain 
is passed upon and certified to by the chief lieutenant. A copy of this 
account is kept by the municipal tribunal and another bv the provin- 
cial council. 

As will be seen from what follows in regard to the estimates, the 
tribunal calculates each year on only enough receipts to pay the expenses 
of the government, so that there is little or no balance left in the 
trea^iury at the end of the 3'ear. 

The expenses of the municipal tribunal. — The estimate of expendi- 
tures aside from the expense of constructing public works, includes 
the general expenses of the municipal government. The expenses 
allowed in the estimates must come under one of the following heads: 
(1) Expenses obligatory to the town, such as a subscription to the 
Manila Gazette, maintenance and transportation of troops, care and 
transportation of prisoners, and salaries of police. (2) The payment 
of public servants, clerks, etc., engaged in the tribunal, police duties, 
administration of taxes, etc. Also a pro rata for the maintenance of 
the provincial council, whose expenses are apportioned among the 
towns of the proWnce. (3) The expense of keeping the roads and 
public buildings in good condition. (4) Expense of office material, etc., 
for the use of the tribunal and the public officers. (5) A certain sum 
for unforeseen expenses. This amount nuist have a certain proportion 
to the total expenses, according to specific regulations. (6) Expense of 
cleaning, sanitation, and ornamentation of the town. (7) The expense 
of public festivities and celebrations, which must bear a certain pro- 
portion to the amount utilized for objects under number 6. The regu- 


latious specify what this proportion shall be. Expenses of a transitory 
nature, such as might be occasioned by an epidemic, or of any other 
extraordinary nature, can not be figured in the permanent estimates 
and must be rendered separately. 

An increase in the expenditures above the amount stated in the es- 
timates of permanent resources can not be approved and is considered 
illegitimate, except extraordinary^ expenses agreed upon. The captain 
and those incurring any expenses with him are responsible for any 
increase not provided for in the estimates. 

Examples of expenses. — The following is a statement of the annual 
expenses of a pueblo of about 20,000 people: Secretarj^, at $8 per 
month, $96; first writer, at $6 per month, $72; two second writers, at 
$4 per month, $96; third writer, at $3 per month, $36; two alguaciles, 
at $2 per month, $48; total, $348. Six cuadrilleros (rural police), at 
$1.25 per month, $90; desk and light, about $5 per month, $60; total, 
$150. For conducting prisoners, $40; for public works (estimated), 
$20; for contingent expenses (estimated), $40; for the public feast 
(estimated), $100; total, $200. Grand total, $698. 

It often happens that the amounts estimated for conducting prison- 
ers, for public works, and contingent expenses and public feast are not 
spent for these purposes. There have been municipal captains who 
stole the moneys appropriated for these purposes. 

Public icorks. — All accounts in regard to the construction of public 
works are kept separate, the moneys for this purpose being derived 
from the land tax, which is also kept separate from the other taxes. 

The tribunal has charge of all works of a communal nature and is 
free to construct such works as it sees fit, providing such works will 
not cost more than the resources of the town can pa3^ Works of 
extraordinary expense are constructed b}^ the General Government. 

If a public work, such as a bridge or a new road, will not cost more 
than $400, the municipal tribunal, with the consent of the 12 delegates 
and the parochial priest, can order its construction. If the work will 
cost more than $400 and less than $2,000, the matter must be submitted 
to the council, in order that the council may notify the governor 
of the province and obtain his approval to the project. If the cost 
will exceed $2,000, the project must be referred to the council, the gov- 
ernor of the province, and then to the governor-general, the approval 
of the governor-general being necessary before the project can be 
carried out. 

When the actual cost of any public work exceeds the estimate, the 
matter must be referred to the provincial council. That body exam- 
ines into the matter and decides as to whether or not the persons in charge 
of the work were justified in going beyond the first estimate. The 
council then recommends either that the surplus expense incurred be 
paid out of the treasury of the town constructing the work or that 
the persons in charge of the work be held responsible for the surplus. 


The construction of the public works is carried on under the direct 
supervision of the municipal tribunal. 

A^'ithin twelve months after the completion of the works for which 
permission is granted, the captain of the tribunal must render a 
detailed account of the expense and accompany the account with vouch- 
ers for the various items. This account is audited by the council and 
passed on to the governor of the province for his approval or disap- 
proval. The governor of the province in turn notifies the governor- 
general in regard to the matter. 

What is known as "personal prestacion'' enters into the accounts of 
the construction of public works. This is commutation money in lieu 
of labor on public works. Certain persons are taxed so many days' 
labor on the public works. They can if they prefer pay so much into 
the funds for the construction of the works, and thus get out of work- 
irg. The rate allowed per day is something like 60 cents. The matter 
is regulated by a direct order from the captain of the tribunal. 

Accounts of the trihunal. — To prevent any fraudulent use of ^ the 
funds or uncalled-for expense the manner of keeping the accounts of 
the town is carefully regulated. An account of the receipts and 
expenditures of the municipal tribunal must be rendered at the end of 
ever}^ 3'ear by the captain. The tribunal and the twelve delegates of the 
principalia receive the accounts in the first fortnight of February and 
carefully revise the same. They then sign the accounts, approving 
them entire or only certain portions. If a lieutenant or delegate of 
the principalia does not sign the accounts as approving or disap- 
proving them, it is understood that he approved them. 

Some time during the remainder of the month the reverend parochial 
priest examines the accounts and the signatures attached thereto by the 
lieutenants of the tribunal and the twelve delegates. He then passes 
his opinion on them and recommends to the governor of the province 
that he should approve the accounts or hold some one responsible for 
a misuse of funds, or for those parts of the accounts not approved. 

All the lieutenants and delegates who approve the accounts either 
actually or tacitly are held responsible for any misuse of funds dis- 
covered in the accounts. The captain of the tribunal and those who 
incur the expense with him are responsible for any expenditure in 
excess of that included in the estimates, whether that excessive expense 
be for the public good or not. The parochial priest has no responsi- 
bility connected with the accounts, since he only gives advice in the 

The accounts of the captain must include all accounts which were 
included in the estimates of resources and expenditures made out at 
the beginning of the year, all extraordinary' expenses agreed upon and 
approved h\ the governor-general, and also an account of all items 
connected with public works completed or begun. The account of 


any extraordinary expense, however, must be made out separatel3^ 
An account of the working out of the "prestacion" must also accom- 
pany the accounts which are sent in to be approved or disapproved 
by the tribunal and the twelve delegates of the principalia. 

Caheza de harangay. — The cabeza de barangay is one of the oldest 
institutions in the Philippines, the oiEcer being the "head" of a group 
of inhabitants composed of from 100 to 150 families. Formerly the 
cabeza exercised many functions of the government, but under the 
Spanish regime the office has gradually degenerated until the person 
who fills it enjoys little but the ill-will of his district. The function 
he exercises was that of a representative, or better, an agent for the 

The cabeza de barangay is elected, for all practical purposes, by the 
municipal tribunal and the twelve delegates of the principalia in joint 
session. The reverend parochial priest is also present at the meeting 
and gives his advice. At this joint session three candidates are chosen 
for the position of cabeza and their names are arranged in one, two, 
and three order on a paper called the "terna" — a list of three. This 
terna, which also states the qualifications of the difl'erent candidates, 
and which is signed by the lieutenants and the twelve delegates, is then 
sent to the governor of the province. The governor of the province 
makes a selection of one of the three and this one is proclaimed the 
cabeza de barangay. It is said that the original nomination of the 
candidates is made by the captain of the tribunal, he having visited 
in person the barangay and consulted with the people in regard to the 
matter. The tribunal and the delegates then act on the names the 
captain suggests, carrying out the election in the manner given above. 

Duties of the cabeza de harangay. — The principal duty of the cabeza 
de barangay is to collect the taxes and imposts from the people under 
his jurisdiction. He also has the duty of making out the padron or 
detailed account of all the people residing in his baranga}^, giving 
their ages, occupation, and other data which will be of assistance in 
making up the list of cedulas (taxed certificates of identification). The 
cabeza is also expected to inform the tribunal of all that happens in 
his barangay, to inculcate morality among his people and assist in 
maintaining peace and order. 

The padron mentioned above is made out in triplicate, and after 
being examined and approved by the municipal tribunal one copj'^ is 
sent to the administrator of the provincial treasury, another is kept 
by the tribunal for use in distributing cedulas, and the third is pre- 
served as a basis for the padron for the following year. The cabeza 
de baranga}^ also makes out a triple list of the persons in his barangay 
who are oliliged to work fifteen days on the pul)lic works. This list 
or padron is acted upon in the same manner as the other, two copies 
being sent to the council for safe-keeping, and the other being used 
by the officials in charge of the public works. 


QualificdXlons. — To become a cabeza de barangaj^, a person must 
have the following qualifications: (1) He must be a native or mestizo 
de sangley (Filipino-Chinese, second generation); (2) he must be more 
than 25 years old; (3) he must have been for two years preceding his 
election a resident of the pueblo in which he performs his duties, and 
(4) he must be known as an honest and reputable man. 

The term of office of the cabeza de barangay is for three 3^ears. 
There is no limit to the number of terms that a person can serve as 
cabeza de barangay. 

The cabeza de barangay receives as compensation five per cent of the 
taxes collected, free certificates of identification for himself, his wife, 
and his eldest son, and the assistance of two "polistas" in his work. 

Tlie reverend jparocMal jpriest. — It will be noticed that there is 
scarcely any branch of the municipal government in which the 
reverend parochial priest does not play an important part. It is true 
that his powers are limited to inspection and advising, but in practice 
he is said to make himself a power in the pueblo by simpl}' using 
these attributes eflfectively. 

In the first place, the parochial priest is considered a member of the 
principal ia, but a member without a vote. He merel}^ advises the 
principalia in choosing the twelve delegates. In the municipal tribunal 
he sits with the others and advises them in regard to their deliberations. 
He also assists in choosing the cabeza de barangay, but in this case, as 
in all others, he does not have a vote, but simply advises. 

In general, it ma}^ be said that the reverend parochial priest assists 
in all the meetings of the municipal tribunal, whether that body meets 
alone or in conjunction with the twelve delegates of the principalia. 
He has the right to intervene in all business conducted by the tribunal, 
gives his opinion in regard to the approval of bills presented by the 
captain, and advises the town ofiicials whenever occasion offers. 

In detail the duties of the parochial priest are as follows: (1) He 
assists in choosing the members of the municipal tribunal; (2) he revises 
the act and makes sure that the officials are properly elected; (3) he 
signs the certificate of election; (4) he assists and supervises the draw- 
ing of lots whenever that is necessary to determine who shall go out 
of office first; (5) he signs a statement certifying to the result of the 
drawing of lots; (6) he assists the municipal tribunal and the twelve 
delegates in choosing or nominating the cabeza de barangay; (7) he 
becomes a member of the provincial council when there is only one 
foreign vicar in the province; (8) he assists the tribunal in deciding 
upon the questions relating to taxes and imposts; (9) he signs the esti- 
mates of permanent receipts and expenditures; (10) he assists the 
tribunal in deciding upon the construction of public works; (11) he 
assists in makmg an}- modification in the estimates of permanent 


receipts or expenditures; (12) he assists in deciding upon any extraor- 
dinary expenditures of the tribunal; (13) he gives his opinion on the 
accounts presented to him by the tribunal before the same are sent to 
the provincial council; and (14) he has the power to decide at what 
hour the meetings of the tribunal in which he is to take part shall be 

Since the duties of the parochial priest are only those of advising 
and inspecting, in any session in which he takes part, he is not counted 
in the number of those who must be present to make the deliberations 

The cuadrilleros or rural police. — In nearly ever}^ town in the archi- 
pelago there is stationed a division of the civil guard of the province. 
It is its duty to maintain public securit}^ and order, and according to 
the importance of the towns is composed of the following or a portion 
thereof: One captain, 1 lieutenant, 1 sergeant, 4 corporals, and 32 

The captain of the cuadrilleros must always be a very honest and 
educated man and should also have some military capacity. Those who 
have been municipal captains are preferred for this office, because it is 
of the same rank as the one they have previous!}' held. The captain 
of the cuadrilleros orders and distributes the services of the men 
under his command. This office is without any remuneration, but 
after ten years of service the person aquires the same privileges as the 
one who has been municipal captain for the same length of time and 
has the rights of a principal in the elections and meetings of the municipal 

The lieutenant of the cuadrilleros has the same duties as the captain 
of the cuadrilleros and he takes the place of the captain when the latter 
is absent from his duties for any cause. The first lieutenant also derives 
the same privileges after ten years of service as does the captain. 

The sergeant of the cuadrilleros has charge of the soldiers and super- 
vises their military services. For this reason persons who have been 
soldiers in the army are preferred for this office. The sergeant receives 
no salary, but ma\' be promoted. 

The corporal of the cuadrilleros has charge of the patrols, the 
guarding of the tribunal's house, and the policing of dark and sus- 
picious places. 

The soldiers of the cuadrilleria do duty at the tribunal's house and 
in the town, and also act as guards in the public prisons at the capital 
of the province. For this latter work they do not receive additional 
pay, but receive the regular $1.25 a month. The arms of the cua- 
drilleros consist of lances, machetes, and bolos. They do not have any 

To become a soldier in the cuadrilleria one must be chosen by six 
delegates, who act for the community. These six delegates are as 


follows: Three of the cabezas de barangayes in office at the time and 
three who have served as captains or as cabezas de barangayes. The 
election is held under the presidency of the captain of the cuadri- 
lleros, the soldiers being chosen bj'^ acclamation. Bachelors who have 
passed the limit of '•qiiinta" — the drafting of 1 out of o for the 
army — and the sons of delegates and of rich people are preferred for 
the appointments in so far as the regulations will permit. After the 
election has been held minutes of the same are made out and signed 
by all who are present at the election. The parochial priest then cer- 
tifies to the same and they are sent to the governor of the province 
for his approval. 

The justices of the peace. — A royal decree in the year 1890 established 
in each town in the Philippines the office of "juez de paz," for the 
purpose of administering peace and justice to the inhabitants of the 

To be eligible to the office of justice of the peace it is necessary that 
the person be for two years at least preceding the election a resident 
of the town; that he be more than 23 years old; that he know how to 
speak, read, and write the Spanish language; that he possess one or two 
academic titles; that he be well known as an honest, honorable, and 
industrious man; that he have sufficient means of subsistence, and that 
he be free from any criminal or legal prosecution in any tribunal of 

When the time comes for the election of the juez de paz, the chief 
judge of the province sends a letter to all parochial priests of the towns 
of the province and asks them for proposals of persons for the office. 
The priests make their proposals after having conferred with members 
of the principalia and obtained their opinion. The judge of the prov- 
ince also asrks the civil governor to propose men for the office in the 
diflierent towns. After all the proposals have been received they are 
sent to the audiencia in Manila in order that this supreme court may 
examine the list and make the nominations. The supreme court 
almost invariably nominates the first person on the list (terna) unless 
some particular person has been especiaUy recommended. 

Functions of the justice of the peace. — The justice of the peace 
should understand how to render judgments in both civil and criminal 
cases. In civil matters the jurisdiction of the justice of the peace is 
limited to cases where less than ^200 is involved. Cases involving 
the sum of §200 or more are passed upon b}^ the chief judge of the 
province. In criminal cases, the justice of the peace hears only the 
preliminaries and passes the case up to the principal court of the 
capital of the province for sentence. 

The justice of the peace is aided by a secretary who directs and 
advises the justice in all his work, by two "witnesses," by two or 
three writers, and two alguaciles, who act as porters in the court-house 


and also serve papers. These men receive no salary, but get a per- 
centage of the costs levied on the litigants in each case. These minor 
officers are chosen by the justice of the peace and their nomination is 
approved by the principal judge of the province. 

There is also a substitute for each justice of the peace who serves 
for the justice when the latter is sick or compelled to be absent from 
his duties. This substitute also assumes the duties of the office 
whenever the justice gives it up. The substitute is appointed by the 
audiencia at Manila in the same manner as the justice, the nomination 
being made by the parochial priests. 

The members of the court take possession of their respective offices 
as soon as they are appointed. Members of the principalia are invited 
to take part in the inauguration, and after this formality has been fin- 
ished the secretary draws up a minute of the proceedings, which is 
signed by all those present. Two copies are made of this minute, one 
for the principal court of the province and the other for the archives 
of the town court. 

Unstamped paper is used in the courts of the justices of the peace, 
but the paper is afterwards "reintegrated" by the state, a charge of 
from 5 cents to $2 being made, according to the importance of the 

In the capacity of a civil court the justice of the peace renders judg- 
ments in cases relating to disputes over the possession of propert}', 
inheritances, legacies, etc., when the sum involved is not in excess 
of 1200. 

Municipal or communal lumie rule among the ancient Filipinos. — 
Both on account of the inherent importance of municipal administra- 
tion to the body politic and especially because of the limitation of the 
political activities of the Filipinos to this single sphere, it has seemed 
desirable to describe in detail the system which has been in operation 
in the archipelago since the enactment by the Spanish Cortes in 1893 
of the reform measure introduced by Senor Maura, then minister of 
the colonies. The Maura law was intended to abolish the crjang evils 
of excessive centralization which had always characterized Spanish 
government in the Philippines and to restore to the Filipinos, under 
other conditions, some of the functions of local government which 
they had been accustomed to exercise before the time of the Spanish 
conquest in the sixteenth centur3^ The institution of the '' baranga}'," 
or "hundred," with its chief or head (cabeza), which is the historical 
administrative unit of the Filipinos, seems, if dependence ma}' be 
placed upon etymology, to go back to the remote period of the immi- 
gration of the Malayan peoples into the Philippine archipelago. At 
any rate, the Spaniards found the institution in force among the 
natives, and it is one of the titles of Legaspi to fame as a statesmen 
that he was willing to recognize and knew how to use it. But as 


Spanish sovereignty strengthened itself in the islands the chiefs or 
heads of the "barangay," who appear originally to have come to the 
office by hereditary succession, were gradually shorn of their power 
and influence and reduced to the level of the masses, who, deprived of 
their natural leaders, to whose guidance they had become habituated, 
easily fell victims to the heavy hand which struck down all inter- 
mediate dignities and powers between the omnipotent Spanish ruler 
on one side and the helpless Filipino subject on the other. 

The process of leveling, of overturning native authorities and destroy- 
ing native institutions, kept pace with the progress of Spanish 
arms, until nothing but useless rudiments remained, at least in Luzon 
and the Visayas, when Maura inaugurated the reform of municipal 
government along lines which have already been indicated. In 
Mindanao and the Sulu Archipelago native chieftains (datos) with 
their primitive councils and institutions still survive: for in these 
parts of the archipelago Spanish arms never succeeded in subjugating 
the inhabitants. This is why the Maura law was restricted in its 
operation to Luzon and the Visayas. In those other parts of the 
archipelago which have only been slightly touched by Spanish influ- 
ence, and in which native institutions still flourish in their original 
vigor, Spain ruled through the native datos or chiefs, with whom she 
made agreements, as England did with the kindred tribes of the 
Malayan States; a policy which the United States has already followed 
with the sultan of the Sulu Archipelago and is now continuing among 
the chieftains of the numerous tribes who inhabit the vast and little 
explored island of Mindanao. 

Evils of Spaniah centralization in government. — ^The evils of exces- 
sive centralization in the government of the Philippines came in time 
to be recQgnized in Spain itself. It was felt that a great mistake in 
policy' had been made, and that the results had been disastrous. The 
local institutions of the archipelago had fallen into such decay and 
confusion that their several members were atrophied and useless, if not 
indeed transformed into instriunents of corruption. Where names 
remained, functions had changed; and offices, like chief of the baran- 
gay, which were once sought as the highest honor, had degenerated 
into base, ignoble, and odious charges which no self-respecting man 
would voluntarily accept. Service as chief (cabeza) of barangay was 
made compulsory. All manner of excuses had been devised to escape 
it. Nor is it surprising to anyone who knows the facts of the case; 
for, as a reputable Manila newspaper stated in 1893, '"nine-tenths of 
the cabezas de barangay during the last twenty years have been ruined 
in the discharge of their offices. " And as the office of cabeza de baran- 
gay was the vital organ of the whole municipal economy of the Filipi- 
nos, no other illustration is needed to show the malignancy of the 
disease b}' which it had been corrupted. 


Some observations on the foregoing system of municipal gmjeryrmeni 
in the Philippines. — After the explanations which have been given 
concerning the origin and object of the last system of municipal 
administration established by Spain in the Philippine Islands, it seems 
worth while to call attention to some peculiar features of the system 
which bear strongh^ the impress of the aims and circumstances in which 
it originated. The most striking to an American observer is undoubt- 
edly the subordination and even subserviency of the municipal tribunal 
to other authorities. The members of the tribunal are subject to 
admonition, fine, or suspension by the governor of the province, while 
the governor-general of the Archipelago is authorized to dismiss 
individual members of the tribunal or even the entire corporation 
itself. Such insecurity of tenure is incompatible with vigorous 
initiative in office; such danger of punishment is fatal to independ- 
ence. Nor is this, although the supreme, the only serious restriction. 
The Maura law itself closely confines the free activities of the muni- 
cipal tribunal; and, in the exercise of its prescribed, and especially 
of its discretionary functions, constantly subjects it to the inspection 
and supervision of the provincial council. Indeed, as will appear 
more clearl}^ hereafter, the provincial councils — the whole machinery 
of the provincial government apart from the governor — are not 
charged with the direct administration of the afi'airs of the provinces, 
but solely with the inspection and supervision of the bodies which 
administer the affairs of the pueblos, that is, of the municipal courts. 

The intervention of the reverend parochial priest has alread}" been 
described; it is only necessary to add here that though the law de- 
scribes him merely as an adviser, he becomes in fact, in virtue of his 
personal authority, influence, and training and bj^ reason of the 
multifarious functions which he discharges, the most potent factor in 
the government of the municipalities. Finally, the action of the muni- 
cipal council may be set aside by its own head — the municipal captain — 
who is in ?et terms authorized by law to suspend the execution of the 
resolutions adopted \i^ the council when he considers them beyond 
their jurisdiction, or prejudicial to municipal interests, or dangerous 
to the public order. In other words, the captain, though a member 
and the presiding officer of the tribunal, may ignore its decisions, 
being in truth a political representative of the general government 
and, as it were, an arbitrary governor of the town. 

The narrow basis of suffrage is so striking that it calls for little 
comment. The whole system of municipal government rests on the 
votes of the principalia, or superior class of townsmen, who are com- 
posed of present and past officeholders and individuals paying an 
annual land tax of $50. Intelligent Filipinos have urged that other 
taxpayers, at least to the same amount, should be included in the 
electorate. And especial complaints have been heard of the exclusion 


of persons possessing academic or professional diplomas or even of 
persons of intelligence and education. Undoubtedly the ver^' limited 
number of voters and the predominance of the official classes are 
serious, if not fatal, defects in a system of popular government for 

As concerns municipal taxation the Maura law gives little discre- 
tion to the municipalities. Unfortunately, however, the provision for 
public works is optional. It seems to have been expected that the 
communities would avail themselves of the permission to levy a tax 
on real estate for the construction of roads and the making of other 
public improvements. This exj^ectation has not been verified by sub- 
sequent experience. It would indeed be hard to find a country with 
worse roads, and generally so impassable as the Philippine Islands. 
Quite 20 per cent of them serve only for travelers on foot or on horse 
or on buffalo back in any season of the 3'ear; and more than half of aU 
the Philippine highways are impassable for any sort of passenger 
conveyance during the wet season. It is true that with certain excep- 
tions every adult Filipino was under obligation to give the state fif- 
teen days' labor a year or commute the service by money. The 
latter plan was encouraged by the provincial and state governments. 
But undoubtedly the money thus collected was often diverted from 
its purpose and used by the general government at Manila. And even 
when the Filipino worked out his time on the roads there was no fund 
available to defray the cost of materials, tools, and buffaloes and carts 
for transportation; so that when bridges, for example, had rotted 
away it was impracticable to repair them. And the first duty before 
a new government will be the construction of highways which are 
passable all the year round. Nothing will so much conduce to the 
prosperity of the people and to the preservation of peace and order 
as these means of interconmiunication. 

Very inadequate provision is made in the PhQippines for the sup- 
port of schools. A system of free popular education maintained at 
the public expense is greatly desired by the wisest Filipinos and shoidd 
receive early consideration at the hands of the new government. 


Provinces cmd military districts. — Owing to the differences of social, 
economical, and political conditions, there is great diversity in the 
forms of government provided for the numerous administrative regions 
into which the archipelago was divided. The fundamental classification 
is into civil and military. 

Luzon. — Civil provincial governments are found only in the island 
of Luzon. This island, which has a population of from 3,500,000 to 
4,000,000 people, was divided into 30 administrative districts, of which 


two-thirds were provinces with civil government, embracing over 
3,000,000 people, while the military divisions contained altogether only 
a few hundred thousand of the inhabitants, principally the less-advanced 
tribes occupying the mountainous region to the north. The province 
of Manila enjoyed a civil government which ranked all others; and 
next to it came the first-class civil governments of the provinces of 
Albay, Batangas, Bulacan, Pampango, and Pangasinan; Then the sec- 
ond-class civil governments of the provinces of Ambos Camarines, 
Bocos Norte, Ilocos Sur, Laguna, Nueva Ecija, and Tayabas; and lastly, 
the third-class civil governments of the provinces of Cagayan, Bataan, 
Isabela, Union, Tarlac, Zambales, and Sorsogon. The remaining 
divisions of the island of Luzon are commanderies. The province of 
Cavite is in charge of a colonel; the government of Morong, of Abra, 
and of Nueva Vizcaya is each in the hands of a major, and Tiagan, of a 
first lieutenant; while a captain is in charge of Catanduanes, Lepanto, 
Bontoc, Benguet, Principe,Infanta,Binatagan,Amburayan, audCa} apa. 

The Yisayan Islcmds. — In the Visayan Islands, which have a popu- 
lation of 2,500,000 to 3,000,000, no civil government was established 
by the Spaniards, although the island of Negros and certain portions 
of Panay are quite as far advanced as some of the provinces which 
enjoy civil government in Luzon. The province of Hoilo (Panay) is 
in charge of a general of brigade, as is also Cebu; Occidental Negros is 
governed by a colonel; and Samar, Oriental Negros, Bohol, and Capiz 
and Antique (both in Panay) are each in charge of a major. The 
neighboring islands of Mindoro, Eomblon, Masbate, Ticao, Calamianes, 
and the more westerly islands of Palawan and Balabac were also gov- 
erned by military officers. 

Mindanao and the Sulu Archipelago. — In the most southerly group, 
embracing Mindanao and the Sulu Archipelago, onh^ military rule 
existed. There was a general of brigade at Sulu (Jolo), with subor- 
dinate officers further west in Siassi, Bongao, and Tatoan. A general 
of division exercised general sway over the great island of Mindanao, 
almost as large as Luzon, but much less advanced, with a population 
of some 500,000 Mohammedans, heathens, and Christians. It was 
•divided into six districts, Zamboanga, Misamis, Surigao, Davao, Cot- 
tabato, and Basilan, each of which was administered by an officer of 
the army. 

GiA^iil governors. — ^The powers of the military officers need not here 
be described. It should, however, be noted that it was intended in 
due time to appoint civil governors to every district in the archipelago, 
as each became fit for it. It is, therefore, especially important to con- 
sider in detail the qualifications, powers, and functions of the civil 

Qualifications of civil governors. — The civil governor in each of the 
provinces mentioned is the direct representative of the governor-gen 


eral of the islands, and, subject always to the governor-general, is the 
chief authority in his province in all administrative and economic mat- 
ters; he depends direct!}^ upon the governor-general, with whom he 
communicates in regard to the matters concerning his administration, 
but at the same time he receives and executes orders of the chief of 
the treasury in matters relating to that branch of the government, 
also the orders of the director-general of civil administration in mat- 
ters relating to local administration; he also communicates officially 
with heads of departments of the central administration in other 
matters when occasion requires. 

Civil governors of provinces are named and removed by virtue of 
royal decree issuing from the minister of the colonies. They are in all 
cases Spaniards. To be named as a civil governor of a province it is 
required that the incumbent have some one or other of certain fixed 
and determined qualifications, as, for example, to have previously held 
for some period of time an administrative position of the first class 
(referring to the Spanish civil-service classification of administrative 
positions); or to have held for more than one year an administrative 
position of the second class, or for more than two years an adminis- 
trative position of the third or fourth class; or to have served more 
than fifteen years in the public administrative service, provided the last 
position held was superior to that of "chief of negociado," so called, 
of the third class (again referring to Spanish civil-service classifica- 
tion) ; or to have been at some time a deputy to the Cortes, or an elec- 
tive senator for one complete term of the Spanish legislature; or to 
have been at least twice elected member of the provincial council, and 
to have served as such ; or to have been a magistrate of a superior 
court, or deputy attorney -general for more than two years, or to have 
held any judicial office superior thereto; or to have been for more than 
two years mayor of a provincial capital of the first or second class; or 
for two years to have been a member of the provincial council, or to 
have been a secretary of the government for more than two years in a 
province of the first class. There may likewise be nominated as civil 
governors of provinces officers of the army of twenty -five years' serv- 
ice or more, during ten of which, however, the}" must have served as 
superior officers, or for two years have been governors of politico- 
military governments in the archipelago. 

I'owers and functions of civil govet'nors. — The powers and functions 
of the civil governor are in the main as follows: 

1. As representative of the governor-general, his functions are to 
publish, execute, and cause to be executed the laws, decrees, and orders 
of the governor-general within his province; to maintain public order 
and protect persons and property; to suppress and punish acts within 
his province which are contrarj^ to the religion of the state or to public 
S. Doc. 138 5 


morals; to punish breaches of respect for public authority, not amount- 
ing to crime or misdemeanors; to grant licenses to carr}' arms; to hold 
at his disposition, and to dispose, as may be necessary, of the force of the 
civil guard and other civil constabulary^ of the province, or, when neces- 
sarj', to call for the aid of military forces for the protection and main- 
tenance of public order; to impose, by way of penalty, a suspension of 
ten daj^s' salary of employees subject to his orders; to suspend the 
services and salar}^ of such employees as may be unlit, by reason of 
lack of qualification or zeal, or morality, for the discharge of their 
duty; to publish within his province proclamations relative to good 
government and public health; to suspend, with the assent of the other 
provincial authorities, and for reasons of public safety, decrees or orders 
of the governor-general, immediately informing the governor-general, 
however, of such action, with the reasons therefor; to preside at the 
meetings of the provincial councils and at the elections of maj^ors of 
local towns of the provinces; to suspend according to law such mayors, 
or any other individuals composing the tribunals or town councils; to 
propose to the governor-general the dissolution of such town councils 
when deemed necessary; to submit to the action of the representatives 
of the judicial power delinquent municipal servants; to see that the 
ordinances with respect to forbidden games are enforced; to give or 
deny permission for the giving of public performances; to look after 
the fulfillment of the regulations of the corporations or establishments 
whose safeguarding is intrusted to him; to exercise the duties of cap- 
tain of the port or delegate of the navy in places where no regular 
officer for that purpose exists. 

2. As chiefs of administration within the province tne functions of 
the civil governor are to care for public instruction, and especiallj^ for 
that of the lower grades, and for the extension of knowledge of the 
Spanish tongue; to propose to the governor-general means conducing 
to the increase of public health and welfare ; to propose to the governor- 
general concessions of roj^al lands according to law; to give licenses 
for cutting of timber according to existing regulations; to care for the 
collection of taxes of the provinces; to issue executions against default- 
ing or delinquent debtors to the public funds, and to discharge such 
functions in the levying and collection of municipal taxes as have 
already been described in the section on municipal government; to 
make up the provincial budgets and remit them to the governor-general 
for his approbation; to order the payment of sums authorized in the 
budget; to formulate provincial and municipal accounts, and to certify 
monthly to the ])alan('e of funds in hand; to care for public works and 
to determine those which are to be done by personal service. 

3. As chief administrative officer within the province it is the duty 
of the governor to supervise all municipal councils as has heretofore 
been described. 


In addition, the provincial governors possess such other powers us 
are given them by law in the matters of postal service, telegraphic 
service, prisons, jails, charities, public health, public works, forests, 
mines, agriculture, and general industry, and such other functions 
with respect to the matters mentioned as the governor-general may 
delegate to them. 

In cases of extraordinary urgency in which public order or security 
is in danger, and where opportunity to consult the governor-general 
is impossible, the provisional governor could exercise for the time 
being powers belonging of right only to the governor-general. In 
such case, however, immediate account of such action was required to 
be given to the governor-general. 

Compensation of governm's. — Civil governors of the first class receive 
a salary of $4,500, of the second $4,000, and of the third $3,500. From 
the testimony of governors who came before the commission it 
appears that at least half as much more is realized from allowances of 
various kinds. Undoubtedly the money could be spent more advan- 
tageously by reducing the number of provinces and districts through 
consolidation and securing a higher order of administrators with the 
combined salaries. The physical features of the country, especially 
the mountain barriers, can not be ignored in any such rearrangement 
of districts; but it would seem that political and administrative sub- 
divisions might be better adjusted to the principal lines of tribal 
cleavage. A redistricting of the island of Luzon on this basis would 
yield less than half the present number of provinces and districts. 
Without any increase in the total expenditure, salaries could in this 
way be pro^sdded which would attract able men to the chief administra- 
tive positions. Offices have in the past been multiplied for the sake 
of giving positions to Spaniards. The}^ should now be adapted solely 
to the needs of the country, and put in charge of men whose only 
ambition will be to govern honestly and wisely; and the process 
of consolidation here suggested would yield salaries large enough to 
attract Americans of a high order of administrative ability. In the 
course of time Filipinos themselves might gradually be intrusted with 
these pro^dncial governorships, or, perhaps better, the provincial gov- 
ernments should be transformed into county councils with native 

The proviTudal ccmncils {juntas). — Under the Maura law a provincial 
council is established in the capital of each province of the Philippines. 
The body consists of nine members, five of whom, including the go\- 
ernor of the province, are ex-officio members, the other four being 
elected by the captains of the various municipal tribunals of the 

The ex-officio members of the council, in order of their rank, are as 
follows: (1) The governor of the province, who is president ex officio; 


(2) the attorney -general or el promotor fiscal; (3) the administrator of 
the provincial treasury; (±) and (5) the foreign vicars or ecclesiastical 
judges of the province. In case there happens to be only one foreign 
vicar in the province, a parochial priest, generally the one living in the 
capital of the province, is appointed to the vacancy. 

The other four members of the council, as has been explained above, 
are elected by the captains of the tribunals according to the special 
regulations. The law states that these four members shall be resi- 
dents of the capital, the lack of means of communication making such 
a provision necessary. Then, in addition to the nine members men- 
tioned, a secretary is chosen by the council, but he is given no voice 
in the deliberations. 

Duties of the council {junta). — The Maura law classifies the duties 
of the council under four heads — consultation, administration, inspec- 
tion, and election. The latter function is not important and the other 
three may be reduced to two, viz, inspection and consultation. 

The duties of inspection pertain to the administration of the treas • 
ury of the pueblos. The council has charge of the treasury in which 
the funds are deposited, keeps an account of the receipts and expend- 
itures of the same, and reports to the governor of the pro^dnce the 
results of its inspection and investigation, accompanying the report 
with documents and statements in regard to the finances of the several 
towns of the province. 

The other function of the council is to act as an advisory board, 
both to the governor of the province and to the tribunals. In certain 
cases given below the governor is required to consult the council before 
making a decision. The council also makes recommendations and sug- 
gestions which it considers will be for the good of the pueblos or 
advantageous to the administration. The dut}' of election referred to 
above consists in the choosing of the three delegates from Luzon and 
three from the Visayas who become members of the council of admin- 
istration, sitting in Manila. 

The following occasions are laid down in the Maura law upon which 
it is necessary for the provincial council to give its advice, or in which 
the consent and approval of the council are necessary to make a deci- 
sion valid: (1) In the approval of elections; (2) when the adoption of 
a new impost is being considered and the law does not authorize such 
a tax; (3) when remonstrance is made by owners of rural property or 
land against the tax levied on the same; (4) when the construction of a 
public work costing more than $400 is being considered; (5) when 
the bill authorizing any public work is being considered; (6) in the 
approval of accounts of receipts and expenditures made out by the 
tribunals; (7) when the matter is being considered of including in the 
permanent account of expenditures those of an extraordinary cliar- 
acter which have been agreed upon by the municipal tribunal; (8) in 


the approval of the accounts rendered annually b}^ the captains of the 
tribunal; (9) when proceedings are ])egun to suspend any member of a 
municipal tribunal; (10) when nominations are made to fill vacancies in 
the tribunal caused by suspension or other conditions ; (11) when any ques- 
tion that arises in regard to the jurisdictional limitations, or territorial 
additions or subtractions, or the formation of new municipal tribunals 
is l)eing considered; (12) when two or more tribunals are considering 
the advisability of uniting in some association for common benefit of 
the inhabitants of those towns, and (13) in all cases where the governor 
of the province deems it wise to have the advice of the council. 

Ad/ministration of the treasury (caja). — The disposition of the funds 
of the towns has been explained fully in treating of the tribunals. It 
was shown how all the funds are deposited in the provincial council's 
treasury, and that the council keeps a strict account of all expenditures 
and receipts, in order to check the work of the tribunals and thus 
prevent anj^ misuse of the funds. 

The keys of the treasury are kept by three men — the attorney- 
general, the administrator of the treasury", and one of the members 
elected by the captains of the towns, the last-named keeper being 
chosen })y lot. These three keepers of the keys are individually 
responsible for the funds in the treasury, while all the other members 
of the council are held secondarily responsible. 

An}^ member of the council may demand, at any time he considers 
opportune, that a balance be made showing the condition of the treas- 
ury. This request must be carried out at once without any excuse or 

The four residents of the capital of the province who are elected by 
the captains as members of the council must serve six years unless 
they can offer one of the excuses or incompatibilities laid down in the 
law. These four members, however, are never eligible to reelection. 
No qualifications are laid down except that no person who owes the 
public treasury, who has been sentenced to prison, who has a contract 
or is receiving a salary from the treasury of the town or province, or 
who has a lawsuit pending can hold the office referred to. The secre- 
tary who is elected by the council should possess the ability demanded 
for the proper fulfillment of his duties. 

The secretary of the council receives a salary paid out of the funds 
of the towns, the amount being apportioned pro rata. The ex-officio 
members of the council draw salaries in virtue of their regular offices, 
but nothing is said as to what salary the elected members shall receive. 

The governor-general exercises jurisdiction over all the provincial 
councils. In case of any questions arising as to the elections or consti- 
tution of a council or as to the powers of that body, the governor- 
general will render a decision, the proceedings in such cases l)eing 
in charge of the "Direcion general de administracion civil." 


Observatioiui mi tJoe provvncial council. — The name of this body sug- 
gests functions which it does not possess. The provincial councils arc 
not charged with the direct administration of the affairs of the prov- 
inces. Their sole function is to exercise inspection on the actions of 
the town councils and advise the governor in such matters. They are 
not a provincial government. Indeed, there is no provincial govern- 
ment except the governor, who represents the governor-general. At 
the other end stands the municipal council, which, subject to the inspec- 
tion of the provincial council and the veto and corrective powers of 
the governor and the governor-general, does, nevertheless, within a 
narrow sphere, and tentatively and conditionally, administer municipal 
affairs. But if the town has thus a sort of popular government, the 
province has none; it lies under the complete control of the governor 
or rather the governor-general, whom he represents. 

As to the membership of the provincial council it will be noted 
that, as in the formation of the principalia, men of education are 
excluded unless they happen to pay the $50 annual land tax. For the 
rest, the selection represents the principal interests of the community. 
The governor represents the state, the attornej^-general (el promotor 
fiscal) the law, the foreign vicar and the priest religion, the admin- 
istrator of the treasury finance, the doctor public health, and the 
four head men (principales) the general interests of the town. 
Though probably necessary, on account of the poor means of trans- 
portation, it is nevertheless unfortunate that the head men must be 
citizens of the capital of the province. It only remains to point out 
that their election by the municipal captains of all the towns of the 
province connects the lowest administrative units with the next highest 
member of the sj^stem. Unhappily, it can not be described as popu- 
lar representation in the provincial government, since, as already 
explained, the provincial council is only an inspecting and advisor}'^ 
body, and, except in name, there is no provincial government unless 
that designation be given to the governor, or the governor-general, 
whom he represents. 

Decentralization of the supreme power lodged in the governor-general 
at Manila, and the establishment of genuine provincial governments 
with delegated functions, is one of the cr3dng needs of the Philippine 
Islands. That way, too, lies the road to self-government for the Fili- 
pinos. Fuller municipal life, real provincial governments, and a par- 
ticipation in the general government at Manila are the successive steps 
of the process. The features of this programme would not })e changed 
if instead of "provinces" and "provincial governments"' there were 
written "counties" and "county councils," a substitution which would 
not only conform more closely to American usage but also undoubtedly 
conduce to a clearer apprehension of the facts of the situation. 

Provmcial (ukrvmut/ration of the public treasury. — The provincial 


administrations of the public trou.surv, in accordance witli the royal 
decree organizing the financial administration of the archipelago, have 
charge of the direct management of the revenues, and their duties are 
to audit and liquidate the dues in favor of or against the treasury 
originating in their respective territories, from their respective 
sources; to collect the contributions and taxes; to order and effect 
payments, through the delegations, for the expenses of their depend- 
encies and any others that the intendency of finances may order to be 
made; and to render an accounting of the public revenues, public 
expenditures, and treasury. 

As the managers (gestores) of the revenues, these oflScials are 
dependencies of the central administration; as officers ordering pay- 
ments, of the office of general orders; as the agents for the treasury, of 
the general treasury; and as accountants, of the general controlling 
office. (See section on the financial administration of the archipelago.) 

The provincial administrations are divided or classed under various 
categories. That of Manila, on account of its importance, does not 
follow the general rule. It is composed of a director (administrador), 
chief of administration of the fourth class; a comptroller, chief of 
bureau of the first class; a treasurer, chief of bureau of the second 
class; one chief clerk (official primero), a second clerk, two third 
clerks, two fourth clerks, three fifth clerks, one of them a watchman, 
and three candidates. 

The next in importance to Manila are the administrations of Cebu, 
Iloilo, Leyte, Albay, Bulacan, Pampanga, Pangasinan, and Batangas, 
which are composed of a director (administrador), chief of bureau of 
the third class; a comptroller, clerk of the third class; one fourth 
clerk, cashier, watchman, and collector, and one candidate. 

Then follow those of Bohol, Capiz, Laguna, llocos Norte, Nueva 
Ecija, llocos Sur, Cavite, Isla de Negros Oriental, Ambos Camarines, 
and Samar, each with a director, chief clerk; a comptroller, third 
clerk, and a cashier, fourth clerk. 

The next in order are Cagayan, Isla de Negros Occidental, Tarlac, 
Union, Tayabas, Antique, Zambales, and Zamboanga, each with a 
director, second clerk; a comptroller, fourth clerk, and a collector, 
fifth clerk. 

Then follow Isabela de Luzon, Surigao, Morong, Mindoro. Bataan, 
Barili, Cottabato, Misamis, Sorsogon. Borongan, Maasim, and Barotac 
Viejo, each with a director, third clerk; a comptroller, fifth clerk, and 
a collector, fifth clerk. 

Last of all come the delegate administrations of the provinces and 
districts of Romblon, Abra, Masbate and Ticao, Nueva Vizcaya, 
Calamianes, Batanes, Davao, Lepanto, Isabela de Basilan, Palawan, 
Balabac, Catanduanes, and Dapitan, where the duties of subdelegate are 
discharged by the governor or commandant having as comptroller a 
fifth clei-k. 


The others not mentioned here are dependencies, in economic mat- 
ters, of the administrations and subdelegates of the boundary provinces. 

Local administration of the piMic treasury. — The administrative 
agents in the towns are in some cases the municipal captains, in others 
the petty governors (gobernadorcillos), the headmen (cabezas de baran- 
gay), the commissaries (comisionados de apremio), the examiners 
(investigadores), and the sellers of stamped articles. These officers, 
who form the last wheel of the administrative machine, are in charge 
of the collection of taxes and contributions and the levying of con- 
tributions and state dues within their jurisdiction. 


During the three hundred j'^ears of Spanish sovereignty the form of 
the general government of the archipelago endured many and frequent 
changes. From the beginning to the end, however, it always pre- 
served the character of a highly centralized colonial administration 
closely bound to and controlled by the sovereign Government of 
Madrid. The details of the Spanish system, hereinafter set forth, 
are, as in the case of the municipal and provincial governments here- 
tofore described, of the system as it existed during the decade imme- 
diately preceding the cession of sovereignty to the United States. 

The colonial department in Madrid. — The supreme head of govern- 
ment in the Philippine Islands was, of course, the Crown, which, 
together with the Cortes, made the supreme laws for the government 
of the islands. In the administration of the islands from the Central 
Government of Madrid the royal power was immediately exercised by 
the ministry of ultramar, or, in other words, department for the col- 
onies. To this ministry was confided the superior administrative 
supervision of the Philippine Archipelago, as weU as other colonial 
possessions, and in its administration it was assisted in such cases as 
became necessary or expedient by the full cabinet of ministers of the 
Crown, of which cabinet the minister of ultramar was a member. 

In his work of administration the minister of ultramar was further 
assisted by a staff or bod}^ of advisers known as the "consejo de Fili- 
pinas,'' council of the Philippines, which the minister of ultramar con- 
sulted upon any and all matters in which he found it expedient to 
obtain their advice. This body was a permanent council, sitting in 
^Madrid, and was chosen because of the knowledge of its members of 
colonial or Philippine affairs. It was composed of members ex-officio, 
to wit, the subsecretary and the directors of the ministry of ultramar, 
and of twelve selected members. 

For eligibility to the latter class the following qualifications, or one of 
them, was necessary: Four years of residence in the provinces, at least 
two of which must have been spent in the colonies in a position of a grade 
not inferior to that of chief of administration of the first class; a briga- 


dier of the arm}- or of the navy; president or district attorney -general 
of the supreme court; a professor in one of the universities of the 
Peninsula or of the Philippines; the director of the hydrographic 
bureau; a consul-general of Spain to one of the governments near the 
Philippine Islands, who, in addition,.has been in the service of the state 
at least fifteen j^ears; one who has devoted himself to scientific explo- 
rations in some region of Africa and produced work which has been 
approved by the Geographic Society of Spain and printed by the 
society at its expense, or one who belongs, or has belonged, to the 
board of directors of such society : one who belongs to the Academy of 
History: one who has been chief leading counsel to the monastic orders 
of the Philippines, or a dignitarj- of the church. 

Of the members so elected, one is selected as the specified repre- 
sentative of the branch of war; two for that of the marine; one a 
representative of the regular clerical body of the Philippines; one a 
solicitor for the monastic orders of the Philippines, having his resi- 
dence at the court; two representing the branch of the treasury; two 
representing the home ofiice; one the department of grace and justice; 
and two for the department of administration and public works. 

This council is consulted at the pleasure of the minister of ultramar 
upnn aU matters of a general nature relating to the islands which 
are to be the subject of decrees or orders of the Government; and 
with regard to the regulations to be made for the application of 
orders or decrees of the Government, and on all other points in which 
the Government may deem it expedient. Furthermore, the Govern- 
ment can, whenever necessary, direct this council to prepare such bills 
or decrees as it may deem expedient. Likewise, this council, upon 
its own initiative, can present to the minister of ultramar schemes 
for reforms or changes in the administration and government of the 

The govemor-gen&ral. — Turning from the central Government located 
at Madrid to the archipelagic government in the Philippine Islands 
themselves, there is found the following establishment: A governor- 
general for the whole of the islands constituting the Philippine archi- 
pelago, there being included with this archipelago, for the purpose of 
government, the Carolines and Mariana Islands. The governor-general 
is appointed and removed by the Crown with the assent of the council 
of ministers, and upon the recommendation of the minister of ultramar. 
He holds office for no stated term, but at the pleasure of the Crown. He 
is the personal representative, or viceroy, of the Crown in the Philip- 
pines, and as such is the chief administrative and executive oflicer. 
He is, nevertheless, under the immediate control of the minister of 
ultramar. with whom exists his closest relation to the home Govern- 
ment. In addition, however, he is considered the delegate of each of 
the home ministries of state, of war, and of marine, in matters specially 


pertaining to those departments. Within the archipelago he holds the 
chief command of the arm}'^ and navy forces of the islands, subject to 
the general rules and regulations of the army and navy of the Spanish 
Government. His authority extends to all matters pertaining to the 
maintenance of the integrity of the territory, to the conservation of 
public order, the observance and execution of the laws, and the pro- 
tection of persons and property. 

functions of the goveriior-general. — In detail the functions of the 
governor-general are as follows: 

1. As the direct delegate of the central power, (1) to publish, exe- 
cute, and enforce in the provinces under his administration, the laws, 
decrees, orders, and commands of general character issuing from any 
of the ministries to which he is subject, and also to secure the ful- 
fillment of all international obligations pertaining to the provinces; 
(2) to watch over and inspect all the branches of the public service of 
the State in the islands, and to give an account to the ministries 
which he represents of any or all matters affecting them; (3) to exer- 
cise, in certain specified cases, the prerogative of pardon; (4) to sus- 
pend the resolutions, or enforcement of orders of the General Gov- 
ernment whenever grave public interests in the islands so demand, 
giving immediate notice thereof, with reasons therefor, with all pos- 
sible dispatch; and also to suspend the execution of any act or resolu- 
tion of inferior authorities whenever circumstances may compel. 

2. As chief of administration in the archipelago his functions are 
(1) to maintain the integrity of the administrative regime in accord- 
ance with law; (2) to publish orders and commands for the fulfillment 
of the laws and regulations, and for the administration and govern- 
ment of the islands, giving an account of his action to the minister of 
ultramar; (3) to propose to the home government whatever in his 
opinion might promote moral and material interests; (4) to suspend 
associations or corporations which are found in delicto; (5) to author- 
ize the imposition of tines by the governors of provinces upon public 
officers or corporations; (6) to suspend, for cause, the public servants 
of the administration appointed by the home government, giving 
immediate notice thereof, and filling the vacancies meanwhile in a 
manner corresponding to the law. 

3. In his position of head of the military and naval forces within the 
archipelago, the governor-general has the power of the directing- 
inspector of all military bodies, arms, and equipment. He has the 
same power and functions as are accorded to the captain-generals of 
the various districts of the peninsula, with the additional power of 
the disposition of troops, and the assignment of superior officers to 
commands, together with the multitudinous and multifarious powers 
and functions belonging to the general in command of an army corps 
and too numerous to be here detailed. 


The salaiy of the governor-general was §40,000, with allowances. 

In case of death, absence on leave, or temporarv incapacity, the 
powers of the governor-general are exercised by the officer second 
in command until action of the home government can be had. 

Advisory councils to the governor-general. — As advisor v bodies to the 
governor-general in the administration of the archipelago, there exist 
a body known as the board of authorities and a further advisor}' body 
called the ''council of administration." 

The former body is composed of the governor-general, as president; 
the archbishop of Manila; the lieutenant-general, second in command; 
the commander of the nav}'; the chief officer (intendente) of the 
treasury; the director-general of the civil administration; the presi- 
dent of the audiencia. namely, the chief justice of the supreme court, 
and the attornej-general of the archipelago. 

The function of this body is purely consultative, advising the gov- 
ernor-general in such cases as he thinks it expedient to considt them 
upon, and especially in cases where it is needful for him to consult 
and have the cooperation of heads of departments. The advice or 
decision of this body is. however, in no way binding upon the governor- 
general, nor does his acceptance of its advice relieve him in any way 
of personal responsibility. 

The council of administration is likewise a consultative body, but of 
rather large representation. It is composed of some twelve members 
ex-officio by virtue of holding other public positions. They are the 
governor-general himself as president; the right reverend archbishop 
of Manila; the commander of the navy; the lieutenant-general, second 
in command of the armj^; the chief justice of the supreme court; the 
chief of the treasury department; the director-general of the admin- 
istration; the reverend fathers superior of the religious orders; the 
president of the chamber of commerce of Manila; the president of the 
society of friends of the country (amigos del pais). In addition there 
are six delegated members. Three come from the provinces of Luzon 
and three from the Visayan provinces. The delegated members are 
designated and sent by their respective local provincial boards, or 
juntas, in the manner descriljed in the section on provincial govern- 
ment. In addition there are four members of royal naming. 

The powers and duties of this council of administration are to con- 
sider the general budgets of receipts and expenses in all the branches 
of the service; likewise the budget of receipts and expenditures of 
local funds; to consider the matter of reform or change in the regu- 
lations or instructions which the governor-general may have to propose 
to the home government; to consider matters of royal patronage, and 
to consider all other matters which the governor-general may see lit to 
submit for the examination or opinion of that body. 

It will be seen that the former of these bodies, the council of the 


Philippines, served, as it were, as a cabinet to the governor-general; 
while the latter, the council of administration, served as a mere 
representative advisory board. 

General directorate of the civil administration. — The duties of this 
division of the administration are the supreme management of all 
matters appertaining to the several branches of the interior, such as 
public education, beneficence and sanitation, public works, mines, agri- 
culture, industry and commerce, communications, and meteorology. 

The duties of the director-general are to exercise administrative 
functions in said branches and to reccommend the divisions which by 
the laws devolve upon the governor-general. 

For advising the superior authority there exist, besides the council 
of administration, the superior commission of primary instruction; the 
superior board of health; the board of agriculture, industry, and com- 
merce, and the central board of vaccination. 

The general director deals directly with matters relative to public 
education, and manages local funds, according to the provisions of the 
respective budgets. 

The scientific service is in the hands of the inspectors of public 
works, mines, forests, beneficence, and sanitation, and of the agro- 
nomic commission and the board of communications, which transact 
with the director-general their respective businesses. 

Under the immediate orders of the director-general is placed the 
board of directors of the local administration and of the royal auctions 
and advisers. 

The general directorate of the civil administration is composed of 
two sections, viz, government and improvements; and besides, it has 
the charge of orders for payments and the auditing of the local funds. 
The officers of the directorate are a director-general, superior chief of 
administration; an assistant director, chief of administration of the 
third class, whose duties also extend to the orders for payment; an 
accountant, chief of administration of the third class; two chiefs of 
administration of the fourth class, in charge of the sections of govern- 
ment and improvements; one chief of bureau of the second class, acting 
as comptroller of the orders for payment; two chiefs of bureau of 
the third class; three chief clerks of administration; five second clerks; 
five fourth clerks, and five fifth clerks. The board of directors (junta 
de jefes) is composed of the director-general, who presides; assistant 
director, vice-president; the inspectors of mines, forests, public works, 
beneficence (charities), and sanitation; the directors of communica- 
tions, the chief of the agronomic commission, the accountant (contador) 
of the local funds, and the chiefs of bureaus of government and im- 
provements, acting as alternates, and the comptroller of orders for 
paj^ments, as secretary. 

FinaTicial ad/ministration of the archipelago. — The following outline 


will indicate the bureaus and officials through and by whom the busi- 
ness is conducted : 

IntendeTicy-general of finances. — Under this name is known the cen- 
tral office, which has dealt with the financial interests of the island 
since 1865, when the superintendencj^-general in charge of the finances 
was abolished and a new organization was given the archipelago, thus 
separating and delimiting the functions of the executive and the finan- 
cial branches of government. 

The intendent-general of finances (intendente-general de hacienda) 
is in charge of the administrative duties of his office, while the gov- 
ernor-general has, besides the superintending of the public treasur}^, 
the important duties of rendering final decisions in the executive or in 
the financial branch of the service at the request of the intendent. 

Under the immediate orders of the intendent the following offices are 
placed, viz, the office of general inspection, the consulting office, the 
departments of direct and indirect taxation, the executive board, and 
other dependencies of the service. 

General orders for pa/yments. — The duties of this office are to audit 
and liquidate the dues in favor of the creditors to the state for service 
as specified in the general estimates for expenditures; to order that 
payments be made of such audited claims, and to see to the distribution 
of funds for the respective payments of the central and provincial 

Genet^al controlling office of the state. — ^The duties of this office are 
to inspect or superintend the several branches of the public treasury, 
the general accounts of the state, and preparation of the general 
accounts of the revenues and expenditures. Business is transacted in 
the provinces through the comptrollers of the administration and the 
subdelegates of finances. 

Central t/reasury. — ^The principal duties of this office are to receive 
all the funds coming into the public exchequer, centralizing those com- 
ing from the administrations of the provinces to efl'ect such payments 
for claims as are authorized by the general estimates of the state, and 
also to execute the operations of advancing and transferring funds, by 
drafts and remittances, as the service should demand. 

Deposits.— T\^ office of deposits is annexed to the general treasury. 
The voluntary deposits in metal draw an interest of 5 per cent per 
annum, allowed by the state, when such deposits are made for one year; 
4 per cent for six months and 3 per cent for three months. The nec- 
essary deposits draw an interest of 3 per cent per annum, or no interest 
whatever is assigned to them, according to their difi'erent nature and 
circumstances. The provisional deposits from auctions pay a ''safe- 
keeping due" (derecho de custodia) at the rate of one-fifth of 1 peso 
for every 100 pesos or fraction thereof. 

Admiimhtrationof the Manila custom-house.— The duties of this office 


are to transact all the business connected with the customs revenues of 
the capital, either from a private or a commercial origin, and to audit, 
liquidate, and collect the dues accruing through the treasury by reason 
of the importation or exportation of such products as are subject to 
tariff dues. 

The tariff Jo^r^.— Created in 1828, this board is composed of the 
intendent-general of finances, president; the assistant intendent (sub- 
intendent), vice-president; the comptroller-general of the state, the 
collector of customs (administrador de la aduana), the vice-president 
of the association "sociedad economica de amigos del pais," one of 
the alternate graduate members of the board of health, and the vice- 
president of the "junta de agricultura, industria y comercio" (board 
of agriculture, industry, and commerce), as members ex-officio, and 
twelve merchants and tradesmen appointed by royal order at the 
request of the intendency-general of finances; one secretary, chosen 
by the same intendency from among the chiefs of bureaus (jefes de 
negociado), and officers of the custom-house, besides the chief of the 
bureau of customs in the intendency, who acts as vice-secretary. 

The duties of the board are: First, to report on all cases in reference 
to the general or partial form of the tariffs and tariff regulations; 
second, to report, whenever the intendency-general of finances may 
deem it expedient, on the interpretation or application of the tariff 
regulations and schedules; third, to propose an annual report on the 
tariff, stating and discussing the progress of the merchant marine; 
fourth, to prepare a collection of samples to be kept in the custom- 
house for the use of the board. 

The collection of samples is to be made up of the portions now exist- 
ing in the custom-houses, and of all the effects mentioned in the docu- 
ments submitted for consultation to the intendency-general of finan- 
ces. In case such samples have any value, steps are to be taken to have 
their owners make a voluntary donation of them, the board to make 
further acquisitions in the islands and outside of the islands to increase 
the collection. 

As an auxiliar}^ to the board, there is a commission of appraisers 
appointed every year b}^ the intendencj-general of finances. Its duties 
are to prepare a tabulated statement showing the average price of the 
merchandise, both import and export goods, which are divided into 
seven sections or departments, as follows: First, provisions and cattle 
of all kinds; second, hides, skins, furs, harnesses, and similar products; 
third, haberdashery, notions, small wares, jewehy, toys, and fine met- 
als; fourth, hardware, machinery, arms, woods, stones, and clays; fifth, 
textile materials and fabrics of all kinds; sixth, drugs and similar prod- 
ucts; seventh, exportation of home products. This commission is 
made up of the collector of customs, chairman; three nominated mem- 
bers of the board of tariff's, and two merchants or tradesmen for each 


of the seven sections above mentioned. The secretaiy of the hoard of 
tariffs also holds the same office in the commission of appraisers. 

The annual hudget of the Philippines — Expenditures. — It seems 
desirable to take the figures from the normal times preceding the out- 
break of the rebellion against Spain, and for this reason the budget 
for the year 1894—95 is selected. The estimated expenses of the year 
were as follows: 

1. General obligations $1, 360, 506. 53 

2. State 65, 150. 00 

3. Church and courts 1 , 687, 108. 88 

4. War 4, 045, 061. 84 

5. Treasury 823, 261. 95 

6. Navy 2, 450, 176. 77 

7. Government (gobernaci6n) 2, 220, 120. 98 

8. Public works and institutions (fomento) 628, 752. 46 

Total 13,280,139.41 

This is the amount which the revenues were required to meet, but 
before exhibiting the corresponding estimate of revenues it will l)e 
instructive to analyze some of the items embraced in the eight cate- 
gories of expenditures just given. 

Items of expenditures. — Under the first head — general obligations — 
it appears that of the $1,360,506.53 specified the sum of $118,103 was 
spent on the colonial department and connected branches in Madrid; 
$70,822.78 on the colony of Fernando Po, on the coast of Africa; 
$718,000 on pensions and retiring allowances, and $367,000 on interest 
on deposits. Of the $65,150 devoted to the State nearly the whole 
amount was used toward defraying the cost of Spain's diplomatic and 
consular service in the Orient, namely, in China, Japan, and the neighbor- 
ing French and British colonies. Under the third head $1,687,108.88 
is charged to church and courts; of this amount $460,315.24 was spent 
on the courts, and the balance on the church, the two largest items 
being $625,860 for the parochial clergy (whose salaries were $500, or 
$600, or $800, or in a few cases $1,200, while the four bishops had 
each $6,000, and the archbishop $12,000) and $419,680 for materials 
for the ecclesiastical establishments ($360, or $500, or $600, or in a 
few cases $800 being allowed to each parish). War. it will be seen, 
ate up nearly one-third of the revenues, and of the enormous^ sum 
($4,045,061.84) provided for that department the salaries of the officials 
of the administrative bureau consumed $771,043.25, while $1,334,484. 32 
was spent on materials for the army and $1,997,649.27 on that body 
itself. (The army numbered 13,291 individuals, of whom only 2,210, 
mostly of the artillery, were Europeans, the rest being natives.) 

Under the fifth head is the treasury, with $823,261.95, of which 
$232,796 was for the maintenance of the central offices of the intendency- 
general, the central treasury, and the comptrollership, and $216,244 


for the provincial administrations of tlic public treasury. The navy 
comes sixth in the list, with $2,450,176.77, of which $1,147,540.42 was 
for materials, and $1,349,504 for services. The seventh head is gov- 
ernment, with an expenditure of $2,220,120.98, of which $272,606 Avas 
for the salaries of the governor-general and the provincial gov- 
ernors and commanders, $843,735.91 for the civil guard (composed of 
3,482 individuals), $969,921.92 for the maintenance of postal and other 
communications, and $88,555 for the general directorate of the civil 
administration. The last head is public works and institutions, cost- 
ing $628,752.46, of which $141,175.50 was for special institutions of 
instruction, chiefly in Manila; $109,690 for public works (mostly in 
salaries), $142,365 for the general inspection of mountains, $15,575 for 
mines, $103,570 for the agricultural school and stations, and $37,462 
on maritime navigation and light-houses. 

Annual revenue. — ^The receipts of the general government in the 
Philippines were in 1894-95 as follows: 

1. Direct taxes $6,659,450 

2. Indirect taxes (customs) 4, 565, 000 

3. Receipts from monopolies 1,112,850 

4. Lotteries 873,000 

5. From state property 195, 500 

6. Estimated petty receipts - 174, 100 

Total 13,579,900 

Items of revervm. — Of the proceeds of direct taxation, which made 
up one-half ($6,659,450) of the total revenue of the general government, 
the sum of $4,586,250 was collected from cedulas, or identification cer- 
tificates, of which every Filipino was required to secure one annually, 
the cost ranging from $1 for the tenth class to $5 for the fifth class, 
$15 for the third, and $25 for the first class. Next to the cedulas the 
most productive direct tax was that on commerce and industry, which 
netted $1,323,000. Then followed the poll tax on the Chinese with 
$482,800, after which came the tax on urban property with $110,400. 
The balance was made up by $12,000 in tribute from unconquered 
tribes, $35,000 from a 10 per cent tax on railway tickets, $70,000 from 
a 10 per cent assessment on certain salaries, and $40,000 from a 25 per 
cent assessment on the premiums for the collection of urban and 
industrial taxes, cedulas, and the Chinese poll tax. 

The indirect taxes or customs receipts, which aggregated $4,565,000, 
were composed of $3,800,000 from duties on imports, $430,000 from 
duties on exports, $300,000 from clearance dues, and the remainder 
($35,000) from fines, etc. 

Under the third head, of receipts from monopolies, stand $602,300 
received for the opium contract and $510,550 from stamps and stamped 
paper, making together $1,112,850. 


The government lotteries produced $873,000, all but $4,000 from the 
sale of tickets. 

The receipts from State property ($195,000) include rents or prod- 
ucts as well as sales. The largest single item was $122,000 from forest 
products; the next, $45,000 from the sale of lands, and $25,000 from the 
sale of buildings. 

The sixth and last source of revenue is uncertain. Of the $174,000 
estimated from this source, $100,000 was expected from the coinage 
of money, $13,000 from what is described as indeterminate resources. 
$9,000 from the sale of military and naval properties, and $30,000 sur 
plus from the secret or special-service (servicios ccrrados) fund (out of 
which, indeed, every one of the eight divisions of expenditure described 
above had a liberal allowance). 

Observations on the general government. — The scheme of government 
instituted by Spain for the Philippines was in itself far from perfect, 
and in its practical operations it was open to the gravest objections. 
It failed to accomplish even the primary ends of good government — 
the maintenance of peace and order and the even administration of 
justice; nor can there be any doubt that it proved an engine of 
oppression and exploitation of the Filipinos. It took their substance 
in the form of taxes and contributions and gave no equivalent in 
return. The preceding sections have shown the use made of the pub- 
lic moneys, which was in general an unproductive one. The people 
paid heavy taxes and were subject to annojdng and vexatious restric- 
tions on their rights; yet the country was not developed, roads were 
not made, popular education was not established. It almost seemed 
as though the great trust of government had been perverted into a 
mere instrument for the benefit of the governing class at the expense 
of their subjects. The revenues were swallowed up by salaries, most 
of which seemed unnecessary. The very categor}^ of public works is 
onl}^ another designation for salaries. There were in reality no public 
works. The revenues of the archipelago were exhausted by unpro- 
ductive expenditures on naval and military establishments, on salaries 
and pensions, on the church, and on the colonial oflice in Madrid. 
And the people governed had no redress, as they had no control or 
voice in the matter. 

The most prominent defects in this scheme of government were: 

(1) The boundless and autocratic powers of the governor-general; 

(2) the centralization of all governmental functions in Manila; (3) the 
absence of representative institutions in which the Filipinos might 
make their needs and desires known; (4) a pernicious system of taxa- 
tion; (5) a plethora of officials who lived on the country and by their 
very numbers obstructed, like a circumlocution oflice, the public busi- 
ness they professed to transact; (6) division of minor responsibilities 
through the establishment of rival boards and offices; (7) the costli- 

S. Doc. 138 6 


ness of the system and the corruption it bred; and (8) confusion 
between the functions of the state and the functions of the church and 
of the religious orders. 

If these abuses are remedied, if a capable and honest government is 
instituted, if the Filipinos are permitted to the full extent of their 
ability to participate in it, if all unnecessary^ offices are abolished, if 
church is separated from state, if the public revenues are used solely 
to defray the legitimate expenses of the government, and the cost 
of didy authorized public works and improvements, including the 
beginnings of a system of elementary schools — if, in a word, govern- 
ment is administered in the Philippines in the spirit in which it is 
administered in the United States, the people of that archipelago will, 
as already a few of them foresee, enjoy more benefits than they dreamed 
of when they took up arms against the corrupt and oppressive domina- 
tion of Spain. 

Chapter II. 

In the preceding chapter an account has been given of the actual gov- 
ernment of the Philippines as it existed at the time of the overthrow 
of Spanish power by the United States. It is little wonder that the 
system was unsatisfactory to the Filipinos and that they finally rose in 
arms against it. The reforms they desired, the kind of government 
they wanted, will be the next subject of consideration. Data are fur- 
nished by oral and written evidence submitted to the commission by 
the writings and speeches of eminent Filipinos and by articles, consti- 
tutions, proclamations, and other documents emanating from the insur- 
gent Tagalogs and from pacific organizations of other Filipinos. 

The subject is one of the most vital significance, for the United States 
can succeed in governing the Philippines only by understanding the 
character and circumstances of the people and realizing sympathetic- 
ally their aspirations and ideals. A government to stand must be 
firmly rooted in the needs, interests, judgment, and devotion of the 
people, and this support is secured by the adaptation of government 
to the character and possibilities of the governed — what they are, what 
they have it in them to become, what they want, and, not Ipast, what 
they think they are entitled to have and enjoy. 

The F'dijpinos and independence. — While the peoples of the Philip- 
pine Islands ardently desire a full measure of rights and liberties, they 
do not, in the opinion of the Commission, generally desire independence. 
Hundreds of witnesses testified on this subject to the Commission and 
its individual members, and, though they represented all possible 


varieties of opinion — many of them bemg in sympathy with the insur- 
gents — they were uniform in their testimony that in view of the 
ignorance and political inexperience of the masses of the people, the 
multiplicity of languages, the divergencies of culture and mode of 
life, and the obstacles to intercommunication, an independent sovereign 
Philippine state was at the present time neither possible nor desirable, 
even if its poverty and internal weakness and lack of coherence would 
not invite, and the dissatisfaction of aliens entail, the intervention of 
foreign powers with the inevitable result of the division of the archi- 
pelago among them and the disappearance forever of the droam and 
hope of a united and self-governing Philippine commonwealth. The 
Philippine Islands, even the most patriotic declare, can not at the 
present time stand alone. They need the tutelage and protection of 
the United States. But they need it in order that in due time they 
may, in their opinion, become self-governing and independent. For it 
would be a misrepresentation of facts not to report that ultimate 
independence — independence after an undefined period of American 
training — is the aspiration and goal of the intelligent Filipinos who 
to-day so strenuously oppose the suggestion of independence at the 
present time. 

If the foregoing statements regarding the attitude of the Filipinos 
toward independence seem to be in contradiction with the fact that 
some Filipinos are now engaged in resisting the sovereignty of the 
United States, it should be recalled that the Tagalog insurrection is 
an inheritance from Spain, and that if the idea of independence is now 
one of its animating forces it had origiuall}' no place in the movement, 
and that it is to-day a much weaker force than the selfish ambitions 
of leaders who deceive the misguided people or than that distrust and 
hatred of the white race which has been engendered in them M' three 
centuries of experience with the only branch of it the}' have ever 
known. The Tagalog leaders, also appreciate the vakie in foreign 
markets of the idea of independence as a justification of rebellion; 
but it is not that idea which secured them soldiers, or munitions of 
war, or tributes from other provinces, but the strong hand of force 
coupled with persistent misrepresentations of the purposes and objects 
of the American Government, for the dissemination of which both cir- 
cumstances and the native suspicion of the white man were peculiarly 
favorable. Xor can it with any propriety be said that an insurrec- 
tion confined to Tagalogs — who, if all are included, number 1,600,000 
souls — has for its object the independence of the peoples of the Philip- 
pine Islands, who number about 8,000,000. And even among the 
Tagalogs the idea of independence is a more or less superfluous appen- 
dage to the insurrectionary movement. For the rebellion (in which the 
United States has merely succeeded to Spain's place) arose out of defi- 
nite grievances and sought redress for definite wrongs. In a proc- 


lamation in the Tagalog dialect, bearing the pseudonymous signature 
''Malabar," which was extensively circulated in Jul}', 1897, the ends 
sought by the insurgents, who had been in rebellion since 1896, were 
succinctly and clearly stated in the following terms: 

1. Expulsion of the friars and restitution to the townships of lands which the friars 
have appropriated, dividing the incumbencies held by them, as well as the episcopal 
sees, equally between peninsular and insular secular priests. 

2. Spain must concede to us, as she has to Cuba parliamentary representation, 
freedom of the press, toleration of all religious sects, laws common with hers and 
administrative and economic autonomy. 

3. Equality in treatment and pay between peninsular and insular civil servants. 

4. Restitution of all lands appropriated by the friars to the townships, or to the 
original owners, or in default of finding such owners, the state is to put them up to 
public auction in small lots of a value within the reach of all and payable within four 
years, the same as the present state lands. 

5. Abolition of the Government authorities' power to banish citizens, as well as 
unjust measures against Filipinos; legal equahty for all persons, whether peninsular 
or insular, under the civil as well as the penal code. 

The war must be prolonged to give the greatest signs of vitality possible, so that 
Spain may be compelled to grant our demands, otherwise she will consider us an 
effete race, and curtail, rather than extend our rights. 

This certainly is no scheme of independence. It is a statement of 
grievances, a demand of reforms, and, by implication, a bill of rights. 
In detail the items of the programme are: (1) The expulsion of the 
friars and the restitution of the lands held by them to the townships 
or to the original owners; (2) the recognition of Filipino priests in 
filling the incumbencies vacated by the friars; (3) absolute religious 
toleration; (4) the equality of all persons — Filipinos as well as Span- 
iards — before the law; the assimilation of the laws of the archipelago 
to those of Spain, and the equality of Filipinos with Spaniards in the 
civil service; (5) the freedom of the press; (6) the establishment of 
representative institutions; (7) home rule; (8) abolition of deporta- 
tion and other unjust measures against Filipinos; and (9) the con- 
tinuance of the war as a means to coerce Spain into granting these 
rights. It was not the intention or desire to shake off Spanish sov- 
ereignty, but merel}" to abolish its abuses and to vindicate and secure 
under its 8egis the civil, political, and religious rights and liberties of 
the Filipinos. 

The Filipinos' hill of rights. — The more one studies the recent his- 
tory of the Philippines and the more one strives by conversation and 
intercourse with the Filipinos to understand and appreciate their politi- 
cal aims and ideals, the more profound becomes one's conviction that 
what the people want above every other thing, is a guaranty of those 
fundamental human rights which Americans hold to be the natural and 
inalienable birthright of the individual but which under Spanish dom- 
ination in the Philippines were shamefully invaded and ruthlessly 
trampled upon. Every scheme of government devised by the Fili- 
pinos is, in its primary intent, a means to secure that end. Whatever 


other features the .seheme may possess may be regarded as more 
or less accidental. Philippine plans of reform all start from a con- 
crete basis; they seek deliverance, sure and abiding, from wrongs and 
cruelties to which the people have hitherto been exposed. The magna 
charta they want, like that which the English barons wrested from 
King John, is the counterpart of very definite evils and abuses. And 
perhaps the most encouraging feature in the difficult problem we have 
undertaken in the Philippines is the perfect coincidence between the 
theory and practice of our government on the one hand, and the 
aspirations and ideals of the Filipinos on the other. The A'ery thing 
they yearn for is what of all others our Government will naturally 
desire to give them — religious liberty, fundamental personal rights, 
and the largest practicable measure of home rule. Unhappily, the 
people have been so misled by self-seeking and ambitious leaders that 
they now mistrust us; but if civil government could be immediately 
established it would be an ocular demonstration, which would carry 
conviction to the most incredulous and hostile critic, of the natural 
hannony subsisting between the purposes and policy of the United 
States and the reforms and guaranties desired by the Filipinos. 

What, then, it will now be asked, are those fundamental rights, tJie 
guarantee of which is the moving inspiration and primary object of 
every scheme of government which the mind of Filipinos has con- 
ceived or only vaguely dreamed of? They have been laid before 
the Commission by many different witnesses, and naturally with dif- 
ferent modes of presentation and order of treatment; but in sub- 
stance there is no divergency of opinion. Doubtless the various 
products of Filipino constitution -making have been in a great part 
copied from other constitutions, which they have taken as examples, 
and their provisions, to a considerable extent, express the theoretical 
views of the educated Filipinos who have been students of govern- 
ment, as well as the vague aspirations of the people themselves. And 
perhaps the fundamental rights here under consideration may be 
gathered as clearly from the constitution of the so-called Philippine 
republic (see Exhibit TV) as from any other source, though they may 
be read also in the constitution drawn up under American guidance by 
the people of the island of Negros (see Exhibit V), and also in the 
model constitution prepared at the request of the Commission by cer- 
tain radical Filipinos who had orally presented their views (see 
Exhibit VI). With this bare mention of the latter source of informa- 
tion, which will be found in full in the appendix to this report, the 
so-called constitution of Aguinaldo's republic will be used as a basis 
for the exposition which follows. 

Scarcely does that constitution in a dozen lines establish a republic 
with three coordinate branches of government than it hurries into the 
field of the rights of the Filipinos, which covers more than one-fourth 


of the entire document. First, religious freedom is secured b}' the 
septiration of church and state and the recognition of the equality of 
all religious worships. (In the final article of the constitution the 
entire property of the religious corporations — the friars — is confis- 
cated, or to use the language of the constitution, "restored to the 
Philippine government.") Afterwards detailed provision is made to 
protect Filipinos against arbitrary arrest, detention, prosecution, or 
imprisonment. Xext to religious liberty and personal freedom comes 
the inviolability of the home, papers, and effects, as well as corre- 
spondence by post, telegraph, or telephone; and the curious and 
subtle provisions illustrating and sometimes qualifying this right 
reflect a background of varied and painful experience of its defiance. 
The right to property is asserted with a significant punishment upon 
officials who, under any pretext, infringe it, and an equally significant 
exemption from the payment of contributions not legally imposed. 
Then follow the rights of free speech and publication, the right of 
association, and the right of petition. Popular education, so the 
constitution runs — rather pathetically, in view of the facts — shall be 
obligatory and gratuitous in the schools of the nation; but any Fili- 
pino has the right to found and maintain educational institutions. 
And as though other rights might have been overlooked, it is provided 
in article 28 that the enumeration of the rights specified does not impl v 
the prohibition of any other not specificall}^ delegated. In order 
that oflicials infringing the rights of citizens may not be shielded from 
punishment, it is provided — undoubtedly in the light of experience 
under the Spanish regime — that no authorization shall be needed for 
their prosecution, and no mandate of a superior exempt them from 

The closing articles shed a blaze of light upon the connection be- 
tween the constitution making of the Filipinos and their past experi- 
ence, and show once more that the goal of their political endeavors is 
to escape from an unjust, arbitrary, and oppressive domination which 
outraged every right and knew no law but the caprice of power. "In 
no case," says the constitution, "can the military or civil chiefs estab- 
lish any other penalty than that previousl}^ prescribed by the law. In 
the Philippine Republic no one can be tried by private laws nor special 
tribunals. No person can have privileges nor enjoy emoluments which 
may not be compensation for public service and which are fixed by 
law." These words reflect the aspirations of the Filipinos. Thej want 
the opposite of "arbitrary penalties," "private laws," "special tri- 
bunals," and "unearned emoluments." There are natural and inalien- 
able rights to which they are entitled in virtue of their humanity as 
such. It is the denial of these which constitutes the tyrannj^, the very 
real tyranny, of which they have complained. Abstract speculators 
may commiserate the Philippines for being under the sovereignty of 



another power — for not being absolutelj^ independent and self-govern- 
ing—but if this is an evil the Filipinos have not resented it, proljabW 
because it was overshadowed and swallowed up in the ever-present 
sufferings from their actual, as opposed to merely speculative, tja-anny. 
In their consciousness it is not political privileges and franchises, but 
personal and civil rights and liberties, which occupy the foreground. 
Of course this is far from saying that the Filipinos are not keenly 
alive to the importance of home rule, or do not desire large participa- 
tion in the government of the archipelago. 

The Filipinos^ demand for municipal amd promrwial home rule. — 
In connection with the subject of local autonomy in the Philippines, the 
following table, showing the names of the several provinces and mili- 
tary districts of the archipelago, with their capitals, as well as the island 
in which each is situated, together wdth their areas and populations, 
will be found convenient for reference: 

[C.^civil; P. M. = politico-military.] 

Provinces and 



.\mbos Camarines. . 








Batanes , 

Benguet . 







Cabugoan .. 
Cogayan .... 







Islands where 







Balabac . . . 
Mindanoa . 
Basilan ... 


{Batanes, Sapt- 
any, Ibeayat, 


Luzon , 






Nueva Caceres . 

Alii em , 




Isabela de Basi- 

teto. Domingo de 

La Trinidad 
TagbiMran . 




San Pascual 


Province (P. M.) 

Province (C.) 


Comandancia (P. M.) . 

i'rovince (P. M.) 

Comandancia (P. M.) . 
District (P. M.) 

Province (C.) 

Province (P. M.) 


square [ tion. 




Province (C.) 1, 153 

Comandancia (P.M.) 328 

...-do (?) 

Province (P.M.) ! 1,617 







fCalamianes Is . . 

Cuyos Is 




North Palawan. . 

Panay 1 Capiz 

Catanduanes ... Virac 

Luzon Cavite 

Luzon I Cayapa 


ICamates jUebu 

Comandancia (P. M.) . 


Province (C.) 

Comandancia (P.M.) 
Province (C.) . 


I Mactan . 

(Bantayan , 

Concepcion Panay I Concepcion. 

Corregidor Corregidor Corregidor 

Cottabatto Mindanao Cottabatto. 

Dapitan Mindanao Dapitan . . . 

Davao Mindanao Davao 

Ilocos Norte 1 Luzon Laoag 

Uocosfiur Luzon Vigan 

Iloilo L^'^^'^y jlloilo 

^'""" l\Guimaras 1/ 

Province (P. M.) 

District (P. M.) 

Province (P. M.) 

District (P. M.) 

Comandancia (P. M.) ... 

District (P. M.) 

Province (P.M.) 

Province (C.) 

Province (P. M.) 


























14, 745 
















156, 700 




[C. = civil; P. M. = politico-military.] 

Province and 


Isabela . 
Itaves .. 
Iligan .. 

Lanao . . 

Lepanto . 
Levac ... 


Manila ... 

Masbate . 




Negros (oriental) 

Negros (occidental) 

Nueva Ecija 

Nueva Viscaya 

I'alavvan (Paragua) . 





Reina Kegente 



Sarangani (bay and 
island) . 





Tarlae . . 
Tataan . 





Zambales . . . 

Island where 

f Luzon 




Mindanao . . . 





Mindanao . . . 

indanao . . . 




Mindanao . . . 




Mindanao . . . 













Mindanao ... 










Mindanao . . . 

[■Binangonan . 




Santa Cruz . . 

|-Marahui . 



-Tacloban . 

Manila ... 

[•Masbate . . 


>Calapang . 

1 Cagayan de Mis- 
J amis. 



San Isidro 


Puerto Princesa 





Reina Regente. 


Tapul group 


Sulu group 

f indanao 


Tawitawi and 




Luzon , 


Mindanao , 

Romblon , 



Sulu , 




San Emilio 


San Fernando . . 



Comandancia (P. M.) 

Province (C.) 

Comandancia (P. M.) 


Province (C.) 

District (P. M.) 

Comandancia (P. M.) 

Province (P. M.) 

Comandancia (P. M.) 
Province (C.) 

Province (P. M.) 

Comandancia (P. M.) . 

Province (P. M.) 

District (P. M.) 

Comandancia (P. M.) . 

Province (P. M.) 





Province (C.) 


Province (P.M.). 

Comandancia (P. M.) . 



Province (P. M.). 

Comandancia (P. M.) 


Province (P. M.) . 

District (P. M.) 

Province (C.) 

Comandancia (P.M.] 

Province (C.) 

Comandancia (P.M.)... 


Province (C.) 


District (P.M.) 



































Even under the Spanish system of government, a reduction in the 
number of these administrative divisions might, without detriment to 
the people and with great advantage to the treasur3% have been effected 
by the consolidation of adjacent provinces and districts, and it is 
not conceivable that the multiplication of divisions will be retained in 
the future. But even when the number of provinces and districts has 
been reasonabl}^ curtailed by such combinations, and perhaps occa- 
sional division."^, as may be found feasible and expedient, a fundamental 
question will remain regarding them which involves the future polit- 


ical development of the archipelago. The problem may perhaps best 
be expressed in terms drawn from American expta-iencc Shall the 
provinces and districts of the Philippine Islands be transformed into 
counties so that the archipelago and its parts might in their adminis- 
trative divisions fairly be compared with the State and counties of 
Massachusetts or New York, or shall there be a consolidation of those 
provinces and districts which are already united by natural features 
or by the conmaon speech of their inhabitants with a view to the for- 
mation of a small number of commonwealths the union of which would 
constitute the general government of the Philippine Islands ? Essen- 
tially the question is this : Shall the Philippine Islands be one common- 
wealth or a confederation of, say, a dozen commonwealths? In the 
latter case the archipelago would be likened to the United States of 
America; in the former to New York or New Mexico. 

This is a subject to which the commission has given earnest consid 
eration. And the draft of the constitution submitted as Exhibit VI, 
which at the request of the commission was prepared by a committee 
of eminent Filipinos whose leading spirit was in full sympathy with 
Aguinaldo, shows the kind of government which, on paper at least, 
might be constituted by the united commonwealths or regions of the 
Philippine Islands. In a country of such differences and varieties of 
population and social conditions there seems, if not any considerable 
real advantage, at least a theoretic propriety and fitness in grouping 
together by themselves, irrespective of existing provincial and district 
boundaries, the different tribes who inhabit the archipelago — Visay- 
ans, Tagalogs, Yicols, Ilocanos, etc. — and allowing them to manage 
their own local affairs; but that is a very different matter from consti- 
tuting these new regions into independent and sovereign states, which 
delegate certain of their functions to the general government of the 
archipelago, as the framers of the above-mentioned constitution have 
actually done. To any such organization of Philippine states the 
commission is distinctly opposed; it is copied from the constitution 
of other countries in which the conditions are totally different from 
those which exist in the Philippines. 

After the American Revolution the thirteen colonies, which had for 
generations been accustomed to complete self-government, were sov- 
ereign and independent States, and they could form a general govern- 
ment only by delegating to it some of their own inherent powers. 
But in the Philippines there never has existed a Vicol, Yisayan, or 
Tagalog state, which therefore is only an imaginary entity; even the 
numerous provinces into which Yicols, Yisayans, and Tagalogs were 
divided never had experience, as we have already seen, in real self- 
government; and, finally, there has existed for centuries a general 
government which administered the affairs of the archipelago without 
anv control and almost without any advice from the inhabitants. The 


situatiou, therefore, is diametrically opposed to that in which the 
thirteen colonies found themselves when they came together for the 
formation of a federal union. And however able, honest, and well- 
intentioned the framers of the proposed Philippine constitution now 
under consideration may have been, the fact remains that the effect of 
that instrument would be the disruption of a strong single general 
government which already exists (and which is now in American 
hands), and the erection on its ruins of imaginary state governments 
to be conducted by people who have had no experience in government 
except in a very limited way in the administration of municipal 
affairs. The conclusion of the whole matter, in the opinion of the 
commission, is that the Philippine Islands should remain one com- 
monwealth and never become a confederation of commonwealths. 

On the other hand, the commission is in favor of a considerable 
delegation of power on the part of the Manila government to the 
municipal councils and the provincial governments (which are really 
not more than county councils and should be so designated) throughout 
Luzon and the Visayan Islands, and to some extent in Mindanao. From 
investigations conducted by members of the commission in all these 
regions, it is known how strong is the desire of the people to manage 
their own local affairs. The member of the commission who visited 
the southern islands reports that in Negros and other Visayan Islands 
this desire for local home rule is an ardent passion. It can never be 
satisfied as long as the military power of the United States is in supreme 
control, for it is an axiom with all Filipinos — an axiom learned of bit- 
ter experience and not merely derived from the political wisdom of 
mankind — that there is no genuine freedom where the military power 
is not subordinated to the civil. And on behalf especially of the peo- 
ple of Negros, who resisted an invasion of the Tagalog insurgents and 
voluntarily raised the American flag, and who were promised ample 
liberty of self-government, the commission desires most respectfully to 
urge the establishment of civil government at the earliest practicable 

It is also believed that the general substitution throughout the archi- 
pelago of civil for military government (though, of course, with the 
retention of a strong military arm) would do more than any other 
single occurrence to reconcile the Filipinos to American sovereignt}^ 
which would then stand revealed, not merely as irresistible power, but 
as an instrimaent for the preservation and development of the rights 
and liberties of the Filipinos and the promotion of their happiness 
and prosperity. To secure the confidence and affection of the Filipinos 
it is necessary not only to study their interests, but to consult their 
wishes, to sympathize with their ideals and prejudices even, and (so 
far as the public safety permits) to let them in all local affairs govern 
themselves in their own way. This was the spirit of the proclamation 


issued by the commission on April 4, which will be found in Part I of 
this report. 

Nor will the demands of the Filipinos for local autonomj^ be so 
extravagant as to endanger the authority of the general government. 
It must be remembered that men's AA^ants are correlative to their experi- 
ence; and it is rather an enlargement of the privileges conceded to the 
towns and provinces by Spain, and an elimination of the evils of that 
system, than something entirel}' new and exorbitant that the Filipi- 
nos now desire. This is amply confirmed by evidence taken l)y the 
commission; but in order to avoid the possibility of misrepresenta- 
tion, it may be advisable to cite again the constitution of the so-called 
Philippine republic. Articles 57 and 82 of that document read as 

Aet. 57. The conduct of the interests pecuhar to the towns, the provinces, and the 
state, belong, respectively, to the popular assemblies, to the provincial assemblies, 
and to the general government, with due regard to the laws, and upon the basis of 
the most ample administrative decentralization and autonomy. 

Art. 82. The organization and powers of the provincial and popular assemblies 
will be regulated by their respective laws. 

The latter shall be governed by the following principles: 

First. Government and management of the interests peculiar to the provinces or 
towns, by their respective corporations, the principle of popular and direct election 
being the basis for the organization of said corporations. 

Second. Publicity of the sessions within the limits prescribed by the laws. 

Third. Publicity of the budgets, accounts, and important decisions. 

Fourth. Intervention of the government, and in the proper case of the national 
assembly, in order to prevent the provincial and mmiicipal corporations from exceed- 
ing their powers, to the prejudice of general and indi\ddual interests. 

Fifth. Determination of their powers in the matter of taxes in order that the pro- 
vincial and municipal taxation may never be antagonistic to the system of taxation of 
the state. 

A mere reading of these principles for the regulation of provincial 
and municipal administration in the Philippines discloses the fact so 
often observed by the commission in other connections that the politi- 
cal ideal of the Filipinos coincides with the political practice and tra- 
dition of the Americans. Barring the paragraph on "intervention" 
(of which more below), are not the principles which Aguinaldo's con- 
stitution lays down for the regulation of the administration of local 
aflfairs the principles actually in operation in the town and county 
councils of our own States and Territories? They are precisely the 
principles which American administrators would seek to realize in the 
Philippines. As in their bill of rights, so again in their demands for 
provincial and numicipal autonomy, there is a complete harmony 
between the aspirations and needs of the Filipinos and the desire and 
capacity of the Americans to satisfy them. 

The idea of "intervention," which is foreign to American practice, 
is fundamental to the whole political life and thought of the Filipinos. 


Acquired from long experience with Spanish methods of government, 
the idea has taken such a firm hold of the mind of the Filipinos that 
they find government of any kind inconceivable without it. Thus 
when the people of Negros drew up" a constitution providing a civil 
government for themselves they provided, although their policy was to 
have a government as free and independent as that of one of the States 
of our Union, that the " Government of the United States shall have 
the right to exercise such internal supervision and control as will secure 
to all citizens of the State of Negros as well as to aliens the protection 
of person and property and the rights, privileges, immunities; and 
liberties guaranteed and provided by this constitution (sec. 21)." 

A people desiring local home rule under such restrictive safeguards 
may surely be intrusted with a large measure of it without any danger 
to the public interests. If the general government which the United 
States sets up for the archipelago is to exercise inspection, interven- 
tion, regulation, and control over the functions of the provincial and 
municipal authorities — and that is the ideal of the Filipinos them- 
selves — ^then there would seem to be no reason why these local author- 
ities should not be vested with substantially the same powers as are 
enjo3'ed respectively by the county and town councils throughout the 
States and Territories of the Union. 

The Filijiiiioi ideal of a general government. — The Aguinaldian con- 
stitution (Exhibit IV) presupposes an absolutely independent Philip- 
pine republic, and the constitution prepared for the commission 
(Exhibit VI), having for its object the conciliation of the revolted 
Tagalogs, goes very far in the same direction. Neither of them, 
therefore, is of the highest utility in illustrating the kind of general 
government which the Filipinos, under normal conditions, would 
desire the United States to establish. There are, however, two funda- 
mental conceptions common to those constitutions which serve tc throw 
no little light on the political philosophy of the Filipinos. One of 
them is borrowed from England by way of Spain. It is the irrespon- 
sibility of the chief executive and the responsibility to the legislature 
of his ministers. The other is the institution of a permanent commis- 
sion, composed of members of the legislature, to keep a watch upon 
the chief executive, the members of his cabinet, the chief justice, and 
other high ofiicials of the government. It is a system of general dis- 
trust, of divided power, of indirect responsibility; and in harmony 
with it the Aguinaldian constitution provides that the chief justice 
should be appointed by the legislature, in concurrence with the presi- 
dent of the republic and the members of his cabinet. This complex 
system, which violates so many of the vital principles laid down by 
Hamilton and Madison in the Federalist, is undoubtedly an attempt 
along those Spanish lines with which alone the Filipinos were familiar, 
to circumvent knavish and oppressive rulers whom a long experience 


had accustomed them to regard as an inevitable part of government. 
They had never dreamed of the simple American plan of giving the 
chief executive large powers and of holding him strictly accountable 
for the use made of them, his cabinet being merely an advisory body; 
and they had not risen to the great and fruitful conception of the 
complete separation and mutual independence of the executive, the 
judicial, and the legislative departments of government. It will take 
time and require visible demonstration to convince the inexperienced 
Filipinos of the superioritj^ of the American method of a strong exec- 
utive who shall be completely independent of the legislature. 

The masses of the Filipino peoples, including practically all who are 
educated or who possess property, have no desire for an independent 
and sovereign Philippine state. They were not, however, satisfied 
with the Spanish regime, against which, as has been shown elsewhere, 
they finally rose in rebellion; not, however, for the sake of throwing 
off Spanish dominion, but to wrest from it by force (since every other 
agency had proved ineffectual) those civil rights and political fran- 
chises which had so long been denied them. The programme of that 
insurrectionary movement has been given in an earlier section. It 
was a brief statement and nothing more. If that bald outline had been 
filled up, if some Filipino publicist who sympathized with his fellow- 
citizens had articulated their wants and formulated their demands in 
an elaborated scheme of a general government for the archipelago 
under the fegis of Spanish sovereignty, with a reasonable partition of 
governmental functions between the sovereign state and its depend- 
ency, we should then be in a position to ascertain the aspirations and 
ideas entertained by the Filipinos in regard to a form of general gov- 
ernment for the Philippine Islands. 

Happily this desideratum has been fulfilled. There is a scheme of 
Spanish sovereignty and Philippine autonomy drafted by a distin- 
guished Philippine publicist, Pedro A. Paterno, the prime minister of 
Aguinaldo since May last, and the negotiator in 1896 of the agreement 
of Biac-na-Bato between the Spanish governor-general and the insur- 
gents under Aguinaldo. The scheme was drawn up after Dewey's 
crushing victory on May 1, with the express object of winning over 
the Filipinos to the side of Spain in her contest with the United States. 
Naturally, therefore, everything is conceded to the Filipinos which 
they might be supposed to desire; and there would be the less hesi- 
tancy in making promises as, in case of Spanish success in the impend- 
ing struggle, the government might be expected to find some way of 
evading its obligations, as it had notoriously done on other occasions. 
Paterno's scheme, therefore, undoubtedly represents the maximum 
claims which, under any circumstances whatever, the Filipinos could 
think of making from the power which exercised sovereignty over 
them. The scheme was dated June 19, 1898, and, with Paterno's sig- 


nature, circulated from the governor-general's office. The copies in 
the possession of the commission were furnished by one of Aguinaldo's 
emissaries who came in to discuss terms of peace, soon after Paterno 
succeeded Mabini, in Ma}^ last, as head of Aguinaldo's cabinet; and he 
made no secret of the fact that he presented them at the request of his 
"government," which at that time seemed ready to drop the idea of 
independence and make peace on the basis of home rule for the Phil- 
ippines under the sovereignty of the United States. Apparently, 
therefore, the insurgent "government" adopted this scheme of its then 
premier as the basis of its maximum demands for an autonomous 
general government for the Philippines; and, though other influences 
(prominent among which was the recalcitrancy of insurgent generals 
to the authority of their "government") prevented the cessation of 
further bloodshed, the fact that Paterno's scheme fully satisfied the 
political aspirations of the insurgents (barring only ambitious military 
leaders) makes it all the more valuable as an indicator of the demands 
of the Filipinos in the matter of a general government for the 

The scheme, then, is the work of a highly educated man, a politician 
known both in Manila and Madrid, a distinguished publicist, the trusted 
negotiator between insurgents and Spaniards, and the latest prime 
minister of Aguinaldo. Its claims came at a time when Spain was in 
extrem'is and ready to make every concession, and the measure as a 
whole was the maximum demand which the great body of the Tagalog 
insurgents, even before their military organization had been broken 
up, desired to make of the United States. These circumstances are 
brought together in order to show that the Filipinos would in all 
probability consider themselves fortunate to secure a frame of auton- 
omous government which contained some abatement of the large pre- 
tensions which, considering the time and the object, Paterno was 
justified in setting forth on their behalf. The scheme, in other words, 
is not an irreducible minimum, but an' exorbitant maximum. 

What, then, is Paterno's scheme of Spanish sovereignty and Philip- 
pine autonomy 'i First of all, it has the great merit of specifying those 
functions and objects of government which, concerning as they do the 
general life of the Spanish nation, must be regarded as the expression 
of Spanish sovereignty and the care of the Spanish Government either 
directly or through its representative — the governor-general. These 
are the representation and authority of the King, which is the nation ; 
guardianship and defense of the constitution of the state; faculties 
inherent to the patronato de Indias (lordship over the Indies); respon- 
sibility for the preservation of order and the securit}'' of the Philip- 
pines; army; navy; courtsof justice; diplomatic representation; general 
administration of the archipelago (as allowed in the general estimate 
for the state); direction of the general policy; vigilance for the faith- 


ful Observance of the law; decision on all conflicts between corporations 
and entities; constant relations between the Philippines and the sover- 
eign state; appointment and dismissal of the representatives in the 
several branches of the executive, in accordance with the g^eneral laws 
of the nation (appointment and dismissal of Philippine ministers); 
declaring null and void and suspending all resolutions of the assembly 
when they are ultra vires, or when they are contrary to the national 
interests; exercise of clemency in the name of the King, and suspen- 
sion of execution in cases of capital punishment. When the governor- 
general discharges any of these functions he is responsible to the coun- 
cil of the King's ministers in Madrid, who are under the jurisdiction 
of the supreme tribunal of the nation. The Filipinos have nothing 
to do with any of these powers or functions, or with the governor- 
general in exercising them. They inhere in Spanish sovereignty and 
remain untouched by Philippine autonomy. 

Philippine autonomy, on the other hand, consists of a representative 
assembly or legislative power which takes cognizance of the special 
interests of the Philippines, and to which, within that field, the execu- 
tive power, namely, the governor-general, or rather the ministers 
through whom he is obliged to govern, are responsible for their acts. 

To the assembly are committed the following interests and func- 
tions: Public local administration or interests which are purel}^ and 
exclusively Philippine, in conformity with a principle of radical 
decentralization, under the unity of the state and assuming the integ- 
rity of the Spanish mother country, such as: 

Administration of local justice; administrative organization; terri- 
torial, provincial, municipal, or judicial division, establishment and 
police of towns; Philippine militia; electoral proceedings; institution 
of the census; qualification of electors; how to exercise the suffrage, 
particularly as regards the election of Philippine deputies to the Span- 
ish Cortes as a token of the strong ties that bind the Philippines and the 
mother country; public education; public works and communications 
(roads); charities and sanitation; agriculture, industry, commerce, 
taxes, tariff, and treaties of commerce relative to the Philippines; pub- 
lic credit — banks and currency; immigration; waterworks; ports; 
workingmen (labor); voting and preparing the estimate of local reve- 
nues and expenditures, stating their nature, object, and ends, without 
encroaching, however, on the functions of the sovereignty as regards 
the general budget of the nation; making proposals to the central 
government relative to the abrogation or amendment of the laws in 
force in the Kingdom, projected laws on given subjects, and execu- 
tive dispositions touching the Philippines; administering to the 
governor-general the oath that binds him to uphold the constitution 
and the laws guaranteeing the Philippine autonomy, and to make 
effective the responsibility of the Philippine ministers. 


The executive power or council of government is composed of the 
president of the council, the minister of finance, the minister of grace 
and justice, the minister of government (interior administration), the 
minister of public education, the minister of public works and com- 
munications, the minister of agriculture, industry, and commerce. 

Their duties are to make effective the national laws and the statutes 
and all other acts of the Philippine assembly. They are responsible 
for their actions before the assembly. No act of the governor-general 
will be enforced unless countersigned by one of the ministers or secre- 
taries of the executive. 

These are the essential features of Paterno's plan of government, 
which, in its entirety, will be found in Exhibit VII. And when these 
features are carefully examined and compared, a striking likeness to 
the American system of Federal and Territorial government is dis- 
closed. As already explained, the monarchical plan of cabinet 
responsibility must give way to the direct responsibility of the chief 
executive himself, whose cabinet, consisting of departmental heads, 
would be a body of advisers merely. That change being made, the 
governor-general or governor (whichever he may be designated) of the 
Philippine Islands would be responsible to the United States alone — 
presumably to both the President and Congress — for the proper admin- 
istration of the high trust committed to him. If he failed in his duty 
the Filipinos would have redress through representations to Congress, 
hi which, under our Territorial laws, they would have at any rate one 
of the delegates for whom Paterno's scheme provides "as a very close 
bond of union between the Philippines and the sovereign state." 

It is, however, in the remaining portions of the scheme — the dis- 
tribution of governmental functions between the sovereign authority 
and the dependency — that the resemblance to the American plan of 
Territorial government is so conspicuously noticeable. Even though 
Paterno's demands for the Filipinos, coming at a time when Spain 
was ready to grant anything, were, from the standpoint of the natives 
themselves, certainly exorbitant, it is surprising to find how few of 
the powers asserted for the Philippine legislature are out of harmony 
with the practice of the United States in setting up Territorial legisla- 
tures. Take out the tariff and treaties of commerce and the banking 
and monetary system, as well as the power of administering the oath 
to the governor-general, transfer them to the list of powers enumer- 
ated as inherent in the sovereign state, and Paterno's ideal resolves 
itself into a plan of Territorial government for the Philippine Islands 
almost identical with that of New Mexico. It is to be noted, too, that 
he recognizes in the sovereign state the right to veto the acts of the 
local legislature, and to resolve conflicts between corporations of every 
kind, as well as the duty of directing the general policy of the depend- 
ency, enforcing obedience to law, and maintaining peace and order 


and security to person and property. While the sovereign state dele- 
gates certain of its functions to the Philippine legislature, it obviously 
retains an amplitude of power, both for controlling the doings of 
that body and for exercising independently all the remaining functions 
of government. That the sovereign power should appoint the governor- 
general, that no executive officers should be elected by the Filipinos, 
is assumed by Paterno as though it were a part of the natural order of 

Chapter III. 

After the foregoing account of the Spanish system of government 
in the Philippines and also of the political aspirations and ideals of 
the Filipinos it is now in order to consider the question of a plan of 
government for the archipelago. 

Provincial and municipal government. — It is necessary, in dealing 
with this subject, to recall what has alread}^ been said of the idea enter- 
tained bv the Filipinos of the necessity of intervention and control 
on the part of the Manila government over the doings of the pro- 
vincial and municipal authorities. Even in local affairs it is not an 
absolute but a qualified home rule they desire: they look for super- 
vision and regulation from the central government at Manila. If this 
expectation is satisfied b}^ the continuance of the custom of inspection 
and ultimate control from Manila, and this the Commission deem 
absolutely essential, it will be safe and, in the opinion of the Commis- 
sion, expedient and desirable to grant to the inhabitants of the archi- 
pelago a large measure of home rule in local aflairs. Their towns 
should enjoy substantially the rights, privileges, and immunities of 
towns in one of the Territories of the United States. 

As to the provinces, the Commission is of the opinion, in view of 
the facts submitted in the preceding sections, that they should be turned 
into counties (with or without consolidation or division, as circum- 
stances of size, population, race, physical features, etc., may deter- 
mine) and vested with substantially the same functions as those enjoyed 
by a county in one of the Territories of the United States. This sys- 
tem might be applied to Luzon and the Visayan Islands at once, with 
some exceptions, though inconsiderable, in the mountain regions, and 
a beginning might also be made on the coasts of ]\lindanao. while the 
Sulu Archipelago, calling for special arrangements with the sultan, 
need not be considered in this connection. It is of course intended 
that the Filipinos themselves shall, subject to the general laws which 
may be enacted in this regard, manage their own town and county 
affairs by the agency of their own officers whom they themselves elect, 
S. Doc. 138 7 


with no contribution to this work from American officials except what 
is implied in the Philippine conception of intervention and control on 
the part of the central government at Manila. The suffrage should 
be restricted by educational or property qualifications, or perhaps even 

The system will necessitate a small body of American officials of 
great ability and integrity, and of much patience and tact in dealing 
with other races; and (what will be still more difficult to find at the 
outset) they should know the country, have experience in dealing with 
the natives, and speak in addition to Spanish the language of the local- 
ity over which their jurisdiction extends. They may be called advisers, 
residents, or commissioners, the latter designation being perhaps pref- 
erable, as the other two suggest a chieftain or sultan with whom the 
official resides and to whom he gives advice, a condition of things 
which exists nowhere in Luzon or the Visayas, where three centuries 
of Spanish rule has extinguished all the ' ' datos " or chieftains that ever 
existed. One such commissioner for every 260,000 natives should 
suffice; and where a tribe exceeds that number^ — as both the Visayans 
and Tagalogs do — it would conduce both to economy and efficiency of 
organization to have one commissioner and one or more assistant com- 
missioners. In taking over the five Malayan states in 1874 Sir Andrew 
Clarke appointed at the start only five British officials — an assistant 
resident in Perak, one in Selangor, and a resident for each of the other 
three states. The population of the Federated Malay States (in 1891) 
was as follows: Perak, 214,254; Selangor, 81,592; Sungei Ujong, 
23,602; Pahang; 57,462; Negri Sembilam, 41,617. 

It would be the duty of the commissioners to make regular reports 
of their work to some department of the government at Manila — 
presumably the secretary for the interior. Their main function would 
be to advise the county and town councils in the proper discharge of 
their duties; but, as in the case of Sir Andrew Clarke's residents, 
"whose advice (it was stipulated) must be asked and acted upon," the 
Filipinos should be required — as indeed they will expect — to follow 
the advice of the corresponding American officials. In watching the 
collection of local revenue and controlling its expenditure, the com- 
missioners would find the most important portion of their duties. If, 
from the American point of view, all this seems to contradict the 
principle of local home rule, it is what the Filipinos have been accus- 
tomed to and what they expect and desire. It has been the most potent 
instrumentality for the political education of their brother Malayans 
in the Federated Malay States; and, finally, it is the indispensable 
safeguard to the extension of a large measure of home rule to Philip- 
pine towns and counties. Our government of the Philippines must 
be adapted to the Filipinos; and the Commission desires to state, after 
much and varied 'inquiry, that the Filipinos are scarcely more stren- 


uous m demanding local home rule than the}^ are free in suggesting 
limitations upon it by means of intervention and control on the part 
of the central government at Manila. 

ThAi Philippines under an American protectorate. — It has been 
thought by many that the system of governuKMit l)y protectorate 
which Sir Andrew Clarke established with such happy results in the 
Malay Peninsula should be applied by the United States to the Phil- 
ippine Islands, whose people (or nine-tenths of them) are also of the 
Malayan race. Much has been written upon the question, and the 
confidence of the advocates of such a protectorate over the Philippines 
seems to be in inverse proportion to their acquaintance with the details 
of the organization and operation of the protectorate set up by Sir 
Andrew Clarke in the Malay Peninsula. Here it nmst suffice to call 
attention to a few crucial facts. 

In the first place, Sir Andrew Clarke's policy of a protectorate was 
for a considerable time a good deal of a failure. Indeed, his successor, 
Governor Jervois, suggested direct annexation as a solution of the diffi- 
culty created by the protectorate. If the latter, thanks to the steady 
support of the British Government and the efforts of able and experi- 
enced administrators, finally proved successful, it is (juite conceivable 
that any other reasonable policy of government would have had similar 
good fortune under the same circumstances. But, in the second place, 
the system which ultimately triumphed is not the simple original, but 
a development of it patterned after the crown colony. There was no 
violent break in the beginning, for, indeed, everything followed 
naturally upon British control of revenues and expenditures which Sir 
Andrew Clarke secured. Next to that in importance came the system 
of British residents, "whose advice must be asked and acted upon on 
all questions other than those touching Mala}^ religion and custom." 
As a result there has emerged a veiled crown colony, in which every- 
thing is done in the name of the Sultan, who flies his own flag and enjoys 
increased income. The Sultan has only the semblance of power, the 
British authorities having absolute control, even to the point of exer- 
cising such acts of dominion as the deposition of the Sultan, the settle- 
ment of his succession, and a general manumission of slaves. 

But whatever the precise character of the protectorate which Great 
Britain exercises over the Malay Peninsula, and however successful in its 
latter history or unsuccessful in its earlier, there are two fundamental 
diflerences between the conditions and circumstances of the Malayans 
and Filipinos which vitiate the proposal to transfer otthand the gov- 
ernmental system of the one to the other people. First, the United 
States is in possession of sovereignty over the Philippine Islands, 
whereas Perak, Selangor, and Sungie Ujong were independent states 
when Sir Andrew Clarke arrived in Singapore in 1873, as governor of 
the Straits Settlements, and his intervention in their affairs was due 


solely to the invitation of their chieftains, whose governments had 
lapsed into anarchy. It was a voluntary engagement entered into by 
the chiefs, who had come to the British authorities saying: " Give us 
people to open up our country; we are quite ready to take your advice 
and be guided by your influence." Though the present relation, as 
has been shown above, between the British authorities and the Malayans 
has a very difi'erent complexion — British control in the Malay Peninsula 
being now as complete as in a crown colony or dependenc}'^ — neverthe- 
less the beginnings of it, as Sir Andrew Clarke was fond of proclaiming, 
were contained in that Macedonian cry of the independent but perplexed 
and impotent chieftains. Whether the British response to that invita 
tion from sovereign states is the best precedent for American dealings 
with its new Philippine dependency is a question that, on the face of it, 
does not by any means imply an afiirmative answer. 

But there is another diflerence which certainly necessitates a nega- 
tive answer. The Malayan sultans were already' in possession of gov- 
ernment, and, though there were temporary disturbances, the people 
were in the habit of obe^dng them. In other words, there was in each 
state an established sovereign to whom the people owed and recognized 
allegiance. Whoever secured the sultans secured their subjects. And 
Sir Andrew Clarke has told how he endeavored to reach them b}^ per- 
sonal influence. "In place of anarchy and irregular revenues, I held 
out," he says, "the prospect of peace and plent3^ I found them in 
cotton. I told them that if thej'^ would trust me I would clothe them 
in silk. Their rule had resulted in failure. I offered them advisers 
who would restore order from chaos without curtailing their sover- 
eignty." All this illustrates vividly the nature of the Malayan gov- 
ernments, which, as has been said, consisted on the one hand of a 
sultan, and on the other of subjects who. owed him obedience. And 
the problem of gaining the countiy and governing the people resolved 
itself simply into the problem of winning over and then controlling 
the sultan. England instituted a protectorate over the Mahw Penin- 
sula because she had no sovereignty there and because there existed in 
the sultans established monarchies which desired (or were induced to 
ask for) her protection. 

The United States possesses sovereignty^ over the Philippine Islands, 
and nowhere in the archipelago (excepting Mindanao, Palawan, and 
the Sulu group) are there sultans or chieftains. At the time of the 
Spanish conquest the great majority of the natives were governed by 
chieftains or "datos," as they still are in Sulu and the Malay Penin- 
sula. But the Spanish system of government was uncongenial to the 
system of native rulership, and by degrees the native potentates disap- 
peared throughout Luzon and the Visayan Islands and all the region in 
which the Spanish dominion was effective. The "cabeza de baranga}'," 
or head of a hundred, as explained elsewhere, inherited some of the 


date's functions; and this office was at first hereditary and carried with 
it honors strikingly in contrast with the disrepute which overtook it in 
later days when the incumbent, elected and compelled to serve, had 
little to do but collect taxes for the Spanish government. 

The Filipinos to-day (always excepting the Sulu group and parts, 
especially in the interior, of Mindanao) are a pure democracy, without 
distinctions of birth or rank— a mass of people without hereditary 
chieftains or rulers. The Spanish governor-general once ruled them 
with the aid of soldiers, civilians, and ecclesiastics from Spain, and 
now that Spanish sovereignty is gone there are no constituted authori- 
ties, no natural leaders, who can speak for the inhal)itants of the 
archipelago. Aguinaldo's influence over the Tagalogs might, indeed, 
have been utilized had he not made war upon their liberators; and 
there are other natives who enjoy much prestige among the Visayans, 
Vicols, Pampangos, Pangasinanes, Ilocanos, and Cagayanes. But so 
long as obedience remains the essence of government, the fact is indis- 
putable that while the sultans of the Malay Peninsula ruled their own 
states, there was nothing corresponding to them in Luzon and the 
Visayan Islands, in which, therefore, the Americans were estopped 
from instituting a protectorate, even had they desired to copy in a 
territory over which they possessed sovereignty the practice of the 
British in dealing with a territor}^ over which they neither had nor 
pretended to have a shadow of sovereignty. 

But while in this conti-ariety of circumstances, it is impossible, 
even were it deemed desirable, to transfer the Malayan form of pro- 
tectorate to the Philippine Islands, the exceptional condition of the 
Sulu Archipelago and portions of Mindanao and Palawan (in which, 
as Spanish dominion had never been rendered efl:'ective, the primitive 
institutions of the native races still survive in undiminished vigor), 
calls for special treatment, which may, in the opinion of the Commis- 
sion, wisely follow the general lines laid down by Sir Andrew Clarke 
in dealing with analogous conditions in the Malay Peninsula. Indeed 
the Commission, through its member who visited these portions of the 
archipelago, recommended to the President in the spring of 1899, that 
the United States should make agreements with the sultan of Sulu 
and his principal datos or chieftains, as well as with the other Moham- 
medan authorities, and the datos of the numerous semi-civilized and 
barbarous people who still retained their tribal organization in the 
less accessible parts of Mindanao. That this plan has since been fol- 
lowed is a source of much gratification to the Commission. But the 
wisdom of it, it may not be inappropriate to add, rests solely upon the 
circumstance that in the Sulu Archipelago, and in parts of Mindanao, 
there were long established and venerable chieftaincies which com- 
manded the obedience of tribes of natives over whom the Spanish 
sovereignty inherited by the United States was a nominal suzerainty, 


which, if it externally encompassed them, scarcel}'^ touched the 
internal organization of their tribal life. 

Naturalh% therefore, this policy could not be applied to the ci^'ilized 
peoples who form the great majority of the Filipinos; it could not be 
applied to the Visayans of Pana^', Negros, Cebu, Bohol, Samar, and 
Leyte; nor to the Vicols of southeastern Luzon; nor to the Caga3'anes 
of northeastern Luzon; nor to the llocanos of northwestern Luzon; 
nor to the Pampangos and Pangasinanes of central Luzon, where there 
were no hereditary chieftains, no accustomed leaders to whom the 
people had learned to jdeld obedience; nor could it be applied even 
to the Tagalogs, who, in spite of Aguinaldo's sudden ascendency, never 
entertained for their parvenu dictator that universal, deep, and life- 
long loyalty which binds the Malayan to his hereditarj^ sultan. A 
protectorate presupposes an established government to protect, and 
the example of India, the Malay Peninsula, Egypt, and other parts of 
Africa all seem to show that a protectorate involves also an hereditary 

While the masses of the Filipinos as little desire a protectorate as 
they do absolute independence, there can be no doubt that an American 
protectorate over their so-called "Philippine republic" is the ideal of 
the Tagalog insurgent leaders to whom the formation of that organiza- 
tion, at least on paper, offered a welcome means of escape from the 
despotic associations of the previous dictatorship, which, in fact, con- 
tinued unchanged. But a protectorate over the Tagalog portion of the 
archipelago, the whole of which is under American sovereignty, would 
be at least an anomal}". And attention must once more be directed to 
the necessity, in the light of history, of having as head of the protected 
communit}" a single and permanent executive, an heredita,ry ruler, 
with whom alone the protecting power is to have relations. How 
these relations, which are essentiall}" personal, could be maintained with 
one or a group of fortuitous politico-military adventurers, up to-day 
and down to-morrow, or even with a plural executive like the presi- 
dent, assembly, and permanent commission, imagined in the Aguinal- 
dian constitution, it is impossible to conceive. Besides, the onh^ kind 
of protectorate which the insurgent leaders ever attempted to formu- 
late was one under which the United States, like a good angel, should 
incur all the responsibility of protecting a Philippine government 
(when one was created) against foreign nations, while the Philippine 
officials themselves collected all the revenues. Though they talked 
of the British protectorate over the Federated Malay States as a model, 
the last thing they desired was the incorporation of the essential fea- 
tures of that scheme in an American protectorate ov^er the Philippine 
Islands, the three general features, namely, of British exclusive con- 
trol both of taxation and expenditure; the system of British advisers, 
whose advice is an inexorable connnand; and the policy of developing 


each of the protected states into the form and character of a British 
crown colon}'. 

The idea of a protectorate entertained by the insurgent leaders, 
under which they should enjoy all the powers of an independent sov- 
ereign government, and the Americans should assume all obligations 
to foreign nations for their good use of those powers, would create an 
impossible situation for the United States. Internal dominion and 
external responsibility mast go hand in hand. Under the chimerical 
scheme of protection cherished by Aguinaldo, if a foreigner lost his life 
or property through a miscarriage of justice in a Philippine court or 
in consequence of a governor's failure to suppress a riot, then the 
United States would be responsible for indemnity to the foreigner's 
government, though without possessing the power of punishing the 
oflfenders, of preventing such maladministration, or of protecting itself 
against similar occurrences in the future. Nor could the liability to 
foreign nations be reduced without permitting them directly to seek 
redress, and such a course would, it is to be feared, speedily lead to the 
appropriation of the Philippine Islands b}^ the great powers who 
would not need to seek far for pretenses for intervention. 

It is, of course, a quite diflferent proposal to relinquish sovereignty 
over the Philippine Islands as soon as the Filipinos are capable of 
governing themselves. So far as such a policy rests upon conceptions 
of American duty, convenience, or expedienc}', it does not fall to 
this Commission to consider it. But, from the point of view of 
the Philippines, it is proper and, indeed, imperative to observe 
that, in the opinion of the Commission, the consideration of that pro- 
posal must be qualified b}^ two conditions: First, it is impossible, 
even approximately, to fix a time for the withdrawal of American 
sovereignt}' over the archipelago, as no one can foresee when the 
diverse peoples of the Philippine Islands ma}^ be molded together into 
a nationality capable of exercising all the functions of independent 
self-government. They are certainly incapable of such a work to-daj^; 
whether in one or more generations they can be trained to it only the 
future can disclose. And, secondly, if American sovereignty over the 
archipelago should ever be relinquished, if all American authority 
over the people should ever cease and determine, then the United 
States should renounce all obligations to foreign nations for the good 
conduct of the Filipinos. Undoubtedly the raising of the American 
flag in the Philippine Islands has entailed great responsibilities upon 
us; but to guarantee external protection while renouncing internal 
dominion is no Avay of escaping from them; on the contrary, while 
you pull down the flag you only pile up difficulties. 

The Philippines as an American colony.— The example of Great 
Britain, who has been brilliantly successful in governing dependent 
peoples, has suggested a colonial form of government for the Philip- 


pines; and this plan seems to have won greater favor with the general 
public than any other. It will be well, therefore, to examine with 
some care the different kinds of British colonies and the corresponding 
types of colonial government. 

One variety of British colony is exemplified in our northern neigh- 
bor. Canada, like Australia and South Africa, possesses representative 
institutions and responsible government. These are the great self- 
governing colonies, which, though nominally dependent, are in reality 
independent. They contribute nothing to the British treasury; they 
obey not British but home-made law; they make their own tariffs, and 
even go to the length of laying protective duties upon goods imported 
from the mother country. 

The only British elements in the Canadian government are the gov- 
ernor-generalship, whose incumbent represents the British sovereign 
and is equally divested of personal power; the imperial veto power on 
Canadian legislation, which is alread}^ growing obsolete; the appellate 
jurisdiction of the privy council, which has been partly reduced, and 
the imperial management of Canadian relations with foreign coun- 
tries, which, however, Canadian participation is rendering largely nom 
inal; and, though the protection of the British army and navy is as 
real as ever, Canada herself is becoming a voluntar\^ contributor to 
the imperial forces and a silent partner in the military policy of the 
Empire. The self-governing colony may, therefore, be defined as an 
independent nation which retains survivals of once real forms of 
dependence upon the mother country, with which to-day it stands in 
friendl}" alliance against the rest of the world. It is a union of senti- 
ment as well as of interests, and could scarcely exist without a predom- 
inance of British blood in the colonies, as, indeed, affairs in South 
Africa now sadly illustrate. 

There is no analogy between the relation of the self-governing 
colony of Australia or Canada to Great Britain and that of the Philip- 
pine Islands to the United States. Instead of communitj" of blood, 
race, and language there is the greatest diversity, and instead of a 
common political experience the one has alwavs breathed the air of 
freedom, the other has been repressed and atrophied by despotism. 
Clearly the plan of a self-governing colony is a misfit to the Philip- 
pines. And apart from the insurgent leaders, the Filipinos who are 
intelligent enough to discuss the question are of the opinion that no 
Philippine government could safel}^ or wisely be intrusted with such 
unlimited home rule, such practical independence. Indeed, if it were 
not for the misleading associations of the word ''colony,'' it would be 
recognized at once that the self-governing communities of Canada and 
Australia furnish no better model for a Philippine government than 
the State of New York or even the German P^mpire. 

Two other types of British colony remain — the crown colony, which 


is the more common, aud the colony having representative institutions 
but not responsible government. Of the latter British Guiana is an 
example ; of the former Hongkong. Most of the countries with dark- 
skinned inhabitants which are under British rule are crown colonies, 
and most of the crown colonies consist of countries of that description 
For all practical purposes India may be regarded as a crown colony. 

In the crown colonies the British Government has the entire control 
of legislation and the administration is carried on by officers under 
the control of that Government. The governor of a crown colony, who 
is, of course, appointed b}^ the British Government, is assisted by a body 
called the executive council, consisting generally of heads of depart- 
ments, who are appointed by the colonial office or by the governor. 
The governor is not bound by their advice, though he generally acts 
upon it. There is generally also a legislative council, which consists 
of the executive council with the addition of certain unofficial nomi- 
nated members. As a rule the Government officials form the majority 
of this legislature and, besides, the governor possesses the right of 
absolute veto. 

In colonies possessing representative institutions but not responsible 
government the British Government retains the control of the execu- 
tive officers, and in one way or another, though not so directly as in 
the case of the crown colonies, it also controls legislation. There is 
usuall}" a legislature with two houses, each containing members nomi- 
nated by the crown and members elected by the people, the former 
constituting the majority in the upper house, the latter in the lower. 
Bills relating to finance, taxation, and the tariff, and also^the annual 
estimates, require the consent of the lower house. This naturally 
furnishes occasion for conflicts between the representatives of British 
sovereignty and the representatives of the colonial people. But, in 
the last resort, they can be settled by the supreme authority of the 
colonial secretary. 

The crown colony furnishes through the agency of the British 
colonial service an excellent administration of affairs; justice is dis- 
pensed, taxes are honestly collected and expended, roads and other 
public improvements are made, property is secure and life inviolate. 
But as the government is imposed upon the people from without, it is 
inimical to the habit of self-government, and this, with all its excel- 
lencies, is its fatal defect. For this reason it must be rejected as a 
model for the Philippines. 

On the other hand, the colony ha^^ng representative institutions 
but not responsible government is something of an anomaly in the 
British system. And when it exercises its full potencies, should a 
conflict arise, the popular will is suppressed by the fiat of the colonial 
office. It has in it, however, the promise and potenc}^ of genuine 
home rule. What is needed to make a harmonious working system is 


the division of governmental functions between the sovereign power 
and the colony and the autonomy of the latter within its own sphere. 
The governor might, indeed, be given a qualified veto power on local 
legislation ; and in such a case the whole subject should be referred for 
final disposition to the legislature of the sovereign power, in which, 
however, the colony should have a representative to present its side of 
the case. In this way, without doing any violence to representative 
institutions, the rights of the local legislature and the supremacj'^ of 
the sovereign power could be easily adjusted and reconciled. But in 
these suggested modifications the British colony having representative 
institutions but not responsible government has developed substantially 
into the American scheme of Territorial government. 

It does not appear, therefore, that in themselves any of the British 
types of colonial government is susceptible of direct application to 
the Philippine Islands. On the contrary, the only one with any prom- 
ise in it points rather to the American plan of Territorial govern- 
ment, in which it seems to find its full fruition. 

But even if it were otherwise, the commission desires, on behalf of 
all the Filipinos, to protest against the suggestion of calling the 
archipelago a colony. It may be asked. What's in a name? In this 
case, certainly much; for in the experience of the Filipinos a "col- 
ony" is a dependent political community^which the sovereign power 
exploits, oppresses, and misgoverns, ^o other word in their whole 
political vocabulary is so ill omened, so terrible, so surcharged with 
wrongs, disasters, and sufferings. Merely to call it colonial would 
insure the emphatic and universal condemnation of the Filipinos 
for the most perfect system of free government which the mind and 
heart of man could devise for the inhabitants of that old Spanish col- 
ony of the Orient. 

The solution of the governmental problem in the Philippines is to be 
found neither in the establishment of an American protectorate nor in 
the institution of a colonial form of government. Does the history of 
government in the Territories of the United States furnish any better 
prospect? This question must now be considered. 

Territorial government as a model for the Philippines. — There is 
now only one kind of Territory in the United States (apart from the 
unorganized territory of Alaska), but originally and for a long time 
there were Territories of the first class and Territories of the second 
class. The fundamental difference was that in the former the legisla- 
tures were elected by the people, in the latter appointed by the Presi- 
dent. In the ordinance of 1787 it was provided that in the Northwest 
Territory the governor and judges should make laws by selection from 
State statutes. Louisiana — all that country west of the Mississippi 
from the Gulf of Mexico to the Lake of the Woods, extending indefi- 
nitely westward — was the first territory acquired beyond the original 


limits of the United States; and, after the temporary regime author- 
ized by Congress in 1803, an elaborate scheme of organization was 
framed which, becoming law in iSO-i, has been the model for all subse- 
quent bills of Territorial organization. That act, besides enumerating 
certain laws of the United States which were declared to be in force in 
the new Territory, provided that its government should be organized 
and administered as follows: 

Sec. 2. The executive power shall be vested in a governor, who shall reside in the 
said Territory, and hold his office during the term of three years, unless sooner 
removed by the President of the United States. He shall be commander in chief of 
the militia of the said Territory; shall have power to grant pardons for offences 
against the said Territory, and reprieves for those against the United States until the 
decision of the President of the United States thereon shall be made known, and to 
appoint and commission all officers, civil and of the militia, whose appointments are 
not herein otherwise provided for, and which shall be established by law. He shall 
take care that the laws be faithfully executed. 

Sec. 3. A secretary of the Territory shall also be appointed, who shall hold his 
office during the term of four years, unless soone^^ removed by the President of the 
United States, whose duty it shall be, under the direction of the governor, to record 
and preserve all the papers and proceedings of the executive, and all the acts of the 
governor and legislative council, and transmit authentic copies of the proceedings of 
the governor in his executive department every six months to the President of the 
United States. In case of the vacancy of the office of governor, the government of 
the said Territory shall devolve on the secretary. 

Sec. 4. The legislative powers shall be vested in the governor, and in thirteen of 
the most fit and discreet persons of the Territory, to be called the legislative council, 
who shall be appointed annually by the President of the United States from among 
those holding real estate therein, and who shall have resided one year at least in the 
said Territory and hold no office of profit under the Territory or the United States. 
The governor, by and with advice and consent of the said legislative council, or of a 
majority of them, shall have power to alter, modify, or repeal the laws which may 
be in force at the commencement of this act. Their legislative powers shall also 
extend to all the rightful subjects of legislation; but no law shall be valid which is 
inconsistent with the Constitution and laws of the United States or which shall lay 
any persons under restraint, burthen, or disability on account of his religious opin- 
ions, professions, or worship, in all which he shall be free to maintain his own 
and not burthened for those of another. The governor shall publish throughout the 
said Territory all the laws which shall be made, and shall from time to time report 
the same to the President of the United States, to be laid before Congress, Avhich, if 
disapproved of by Congress, shall thenceforth be of no force. The governor or legis- 
lative council shall have no power over the primary disposal of the soil, nor to tax 
the lands of the United States, nor to interfere with the claims to land within the 
said Territory. The governor shall convene and prorogue the legislative councd 
whenever he may deem it expedient. It shall be his duty to obtain all the informa- 
tion in his power in relation to the customs, habits, and dispositions of the inhabit- 
ants of the said Territory and communicate the same from time to time to the 
President of the United States. 

Sec. 5. The judicial power shall be vested in a superior court and in such inferior 
courts and justices of the peace as the legislature of the Territory may from time to 
time establish. The judges of the superior court and the justices of the peace shall 
hold their offices for the term of four years. The superior court shall consist of three 
judges, any one of whom shall constitute a court; they shall have jurisdiction m all 


criminal cases, and exclusive jurisdiction in all those which are capital, and original 
and appellate jurisdiction in all civil cases of the value of one hundred dollars. Its 
sessions shall commence on the first Monday of every month and continue till all 
the business depending before them shall be disposed of. They shall appoint their 
own clerk. In all criminal prosecutions which are capital the trial shall be by a 
jury of twelve good and lawful men of the vicinage; and in all cases, criminal and 
civil, in the superior court the trial shall be by a jury, if either of the parties require 
it. The inhabitants of the said Territory shall be entitled to the benefits of the writ 
of habeas corpus; they shall be bailable, unless for capital offenses where the proof 
shall be evident or the presumption great, and no cruel and unusual punishments 
shall be inflicted. 

Sec. 6. The governor, secretary, judges, district attorney, marshal, and all general 
officers of the militia shall be appointed by the President of the United States in the 
recess of the Senate, but shall be nominated at their next meeting for their advice 
and consent. The governor, secretary, judges, members of the legislative council, 
justices of the peace, and all other oflBcers, civil and of the militia, before they enter 
upon the duties of their respective offices, shall take an oath or aflfirmation to sup- 
port the Constitution of the United States and for the faithful discharge of the duties 
of their office — the governor before the President of the United States or before a 
judge of the Supreme or district court of the United States, or before such other 
person as the President of the United States shall authorize to administer the same; 
the secretary, judges, and members of the legislative council before the govornor, 
and all other officers before such persons as the governor shall direct. 

This scheme of government possesses, besides its intrinsic merits, 
the historical interest attaching to origination with the author of 
the Declaration of Independence. Jefferson had outlined a first 
sketch as early as November, 1803, when he also defended both the 
appointment of judges for four years and the idea of an appointed 
legislature "as a thing more familiar and pleasing to the French than 
a legislation of judges," which had been the practice in the Northwest 
Territory. He seems to have felt no incongruity between the princi- 
ples of the Declaration of Independence of the thirteen self-governing 
colonies and this scheme of government for the politically inexpe- 
rienced inhabitants of Louisiana. Indeed, he complains with some 
bitterness, in December, 1803, when differences of opinion developed 
as to the manner of disposing of Louisiana, that "although it is 
acknowledged that oui new fellow-citizens are as yet as incapable of 
self-government as children, yet some can not bring themselves to 
suspend its principles for a single moment." Whether the new Terri- 
tor}', organized in the paternal fashion described above, should alwaj^s 
remain a part of the LTnion or eventuall}' become a separate and inde- 
pendent sovereign state Jefferson seemed not to care, nor could either 
solution abate his zealous and benevolent interest in the inhabitants. 
"Whether we remain in one confederacy," he wrote in January, 1801, 
"or form into Atlantic and Pacific confederacies, I believe not verj'^ 
important to the happiness of either part. Those of the western con- 
federacy will be as much our children and des(;endants as those of the 
eastern, and I feel myself as much identified with that country in 


future time as with this; and did I now foresee a separation at some 
future da}^, yet I should feel the duty and the desire to promote the 
western interests as zealousl}^ as the eastern." 

These utterances of Jefferson, along- vnth the Jeffersonian scheme 
for the government of Louisiana, have been cited on account of 
the applicability of their spirit in its entirety and their substance in 
great part to the problem of governing the Philippines, which 
have come into our possession as unexpectedly as Jefferson's envoys, 
who had a very different object, received Louisiana at the hands of 
Bonaparte. As Jefferson saA's, it is our duty to promote the happiness 
of "our new fellow citizens" as our own, whatever their eventual 
political relation to us may be; and in planning a frame of govern- 
ment we can not do better than follow Jefferson's lead in adapting it 
to the condition of the natives, trusting that in the course of develop- 
ment under American training they will eventually reach the goal 
of complete local self-government, even though at present it may be 
necessary to some extent ""to suspend its principles," on account of 
their political inexperience, the ignorance of the masses, and the lin- 
guistic and social diversities of the tribes and peoples inhabiting the 

From the very outset, however, it will be safe and desirable, in the 
opinion of the commission, to extend to the Filipinos larger liberties 
of self-government than Jefferson approved of for the inhabitants of 
Louisiana. Assuming that in the Sulu Archipelago and in such 
portions of Mindanao and Palawan as are still occupied by tribal 
Indians the government will be conducted through the agency of their 
sultans, datos, or chiefs, it is to the remainder of the Philippine 
Islands, more particularly to Luzon and the Visayas and the coasts 
of Mindanao, that the Territorial form of government is to be adapted. 
Now, the commission believes that the people of these regions, under 
suitable property and educational qualifications, should be permitted 
to elect at least the members of the lower branch of the Territorial 
legislature. Paterno's scheme of government, as has been already 
explained, demanded a legislature elected by the people for the making 
of laws on local subjects. He seems to have had in mind a legislature 
with a single chamber, which is also the organization of the legisla- 
ture in the constitution of the so-called Philippine Republic. But the 
model constitution (Exhibit VI) prepared for the conunission by those 
Filipinos who sought to adjust the claims of the insurgent leaders to the 
rights of American sovereignty provides for a bicameral legislature, 
whose branches are designated, respectively, the senate and the cham- 
ber of deputies. The latter is to be composed of one hundred and ten 
members, elected by the people, who are apportioned among the eleven 
regions into which this constitution redistricts the archipelago as fairly 
as*may be in proportion to their population, the distribution, however, 


being" subject to modification hereafter when a correct census shall 
have been taken. The regions or electoral districts (which, it is strange 
to note, make no exceptions in favor of tribes with sultans, or dates, 
or other wild tribes) are defined as follows: 

First. Manila comprises the province of this name, Corregidor 
Island, the stronghold of Cavite, and the towns of Bacoor, Binacayan, 
Cavite Viejo, Caridad, San Roque and Inta, Tatay, Angono, and 
Antipolo of Morong. 

Second. Bulacan comprises the provinces of Bulacan, Pampanga, 
Tarlac, Nueva Ecija, and Bataan. 

Third, llocos comprises the provinces of Ilocos Sur, Ilocos Norte, 
Union, Abra, Lepanto, Bontoc, Benguet, Pangasinan, and Zambales. 

Fourth. Caga3^an comprises the provinces of Cagayan, Isabela de 
Luzon, Nueva Visca^^a, Islas Batanes and Baduyanes. 

Fifth. Cavite comprises this province, except the towns enumerated 
in the first region, the province of Laguna, Morong, except the towns 
likewise incorporated in the first region, Infanta, Principe, Polillo, 
and Tayabas. 

Sixth. Batangas comprises the provinces of Batangas and Mindoro, 
with Marinduque and the other adjacent islands. 

Seventh. Albay comprises the provinces of Albay, Camarines, Sor 
sogon, Cataanduanes, Burias, Masbate, and Ticao, and the towns of 
the north coast and of the eastern parts of Samar up to Borongan, 
including the latter. 

Eighth. Panay comprises the provinces of Iloilo, Capiz, Antique, 
Concepcion, Romblon, Tablas, Sibuyan, Calamianes, Cagayancillos, 
the groups of Cuyos and Guymaras. 

Ninth. Negros comprises the island of Negros in its eastern and 
western parts. 

Tenth. Cebu comprises the provinces of Cebu, Leyte, the western 
coast of Samar, and the towns in the southern continuation of Boron- 
gan, Bohol, Siquijor, Baytayan, Mactan, Camotes, and neighboring 

Eleventh. Mindanao comprises all the islands of Mindanao, Jolo, 
Basilan, and Palaw^an, and neighboring islands. 

But this constitution which provides for popular representation in 
the lower chamber does not make the senate or upper house wholly 
elective. Of its twenty-two members, the eleven regions or electoral 
districts are to elect one each, and the other eleven are to be appointed 
by the American governor-general, and, when appointed, to enjoy a 
life term. It would harmonize better with American practice to have 
these appointments made bj'^ the President, and there seems no good 
reason why the term of office should not be the same as that of elective 
senators, which the constitution fixes at four years. But here the 
important thing to emphasize is the proposal in a constitution, which 


comes from radical Filipinos, that the proper United States authority 
should appoint half the members of the senate. 

This constitution also provides that the secretaries or members of 
the cabinet of the governor-general may be members of either cham- 
ber, and if not members, shall have the right to sit and speak in either 
chamber. With such safeguards in American hands the qualified veto 
power which this constitution gives the governor-general (which 
includes the right to suspend the law for a year even after its passage 
by a two-thirds vote of the legislature over his veto) would probably 
be adequate for the purposes of good government, especially since, 
under the Territorial plan of government. Congress may (and should) 
retain the right to veto all Territorial legislation. But for that very 
reason, in addition to other good grounds, the Filipinos should be 
represented by a delegate in Congress. 

It is important to add, as a further illustration of the aversion 
(which amounts almost to abhorrence) of the Filipinos to military 
government, that this constitution provides that the American governor- 
general shall be "a civilian," just as the Negros constitution also 
declared in its bill of rights that "the military power is subordinate 
to the civil and can not use its militar}^ functions to deprive the citizen 
of his civil and political rights." 

The changes suggested in the Jelfersonian scheme of government 
for Louisiana, in the light of the ideals formulated by prominent and 
progressive Filipinos — that is, an elected lower house with an upper 
house half elected and half nominated — would practically convert the 
scheme into a Territorial government of the first class. And this, after 
due consideration of circumstances and conditions in the Philippines, 
is what the commission earnestlv recommends. 

The pmvers of Congress aoer the Philippines. — The treaty of Paris 
leaves to Congress the determination of the civil rights and political 
status of the inhabitants of the archipelago. The extent of the powers 
which Congress is competent to exercise was indicated at the time 
of the Louisiana legislation in 1803, when they were exercised to a 
practically unlimited extent. 

The Constitution gives Congress authorit}^ to make rules and regu- 
lations for the domain beyond the limits of the States. But the 
restrictions which the Constitution imposes upon Congressional power 
when operating within the States do not adhere to it when operating 
outside the States; that is, in the Territories. Congress is not consti- 
tutionally bound to establish uniformity of duties, imposts, and excises 
throughout the Territories as it is throughout the States. No doubt 
it has always done so, because it was convenient and expedient. But 
its action, which was based on considerations whic-h do not apply to 
the Philippines, was not in obedience to a constitutional mandate. 


There is one provision of the Constitution which does limit the 
powers of Congress in dealing with Territories. The thirteenth 
amendment prohibits slavery not only within "the United States," 
but also within "any place subject to their jurisdiction." But with 
this exception the power granted to Congress bj^ the Constitution 
"to dispose of and make all needful rules and regulations respecting 
the territory or other property belonging to the United States" is 
absolutely unlimited. Nor, apart from one or two exceptions expli- 
cable by their connection with political theory, have the decisions of 
the Supreme Court ever held that Congress in legislating for the Ter- 
ritories is subject to any other restriction. 

What Jeflferson and the nation did for Louisiana we are, therefore, 
free to-day to do for the Philippines. The fact that Bonaparte had 
provided in the treaty that Louisiana should in due time be admitted 
as a State in the Union, and that in the meantime its inhabitants should 
have protection in the free enjoyment of their liberty, property, and 
religion, made no difference in the relation of Louisiana to the Consti- 
tution of the United States so long as Louisiana remained a Territory; 
and, if it had made a difference, it should have constituted something 
of a claim to the immediate enjoyment of some or all of the benefits 
of the Constitution. Unmoved by that consideration, however, the 
Jeffersonian policy established once for all the subjection of national 
domain outside the States to the absolute and unrestricted power of 
Congress. The commission recommends that in dealing with the 
Philippines this vast power be exercised along the lines laid down by 
Jefferson and Madison in establishing a government for Louisiana, but 
with those deviations in the direction of larger libert}'' to the Filipinos 
which have been already indicated. The result would be substantially 
the transformation of their second-class Territorial government of 
Louisiana into a Territorial government of the first-class for the Philip- 
pine Islands. 

Tlie Philippine ciml service. — Under the form of government recom- 
mended for the Philippines by the commission nearly all the offices 
will, of course, be filled by Filipinos themselves. And it is a safe and 
desirable rule that no American should be appointed to any office in 
the Philippines for which a reasonably qualified Filipino can, by any 
possibility, be secured. Of course the merit or business system must 
be adopted and lived up to; the patronage or spoils system would prove 
absolutely fatal to good government in this new Oriental territory. It 
will be necessary to institute in Manila a civil-service board, or com- 
mission, analogous to that which exists in many of the States of the 
Union, whose duty it shall be to ascertain by competitive examinations 
of a very practical character the relative qualifications of the Filipinos 
who seek admission to the public service. The primary demand will 
be for honesty and integrity; then for intelligence, capacity, and tech 


nical aptitude or skill to perform the duties of the office to be filled. 
The competitive examination will secure the selection of the fittest 
candidate, while it offers equal opportunities to all; and though it will 
be a novelty to the Filipinos, who have been accustomed only to the 
patronage or spoils system of appointment, it can not fail to commend 
to them a republican form of government whose civil service is regu- 
lated by justice to all applicants for admission and directed solely to 
the welfare of the community. 

In the Philippine civil service there should be, besides provisions for 
tests of fitness before appointment, regulations to insure promotion 
upon merit and a tenure of office during efficiency and good behavior. 
It would be peculiarly detrimental to the public service in a territory 
circumstanced like the Philippines if on political ground natives were 
liable to removal from office as soon as they had learned its duties. 
However it be in the United States, it is absolutely essential to good 
government in the Philippines that the natives should hold office dur- 
ing efficiency and good behavior. 

A small number of American officials will be necessary for the Phil- 
ippine service. The highest, according to the form of government 
recommended by the commission, may be divided into two classes. 
In the first group belong the governor, secretary, attorney-general, 
certain judges, and other high officers of the Territorial government. 
To the second group belong the directing heads of the postal, customs, 
and other departments of the federal service in the Philippines. It is 
not meant that in practice these groups should be isolated and kept 
apart, as they are in th,e States of the Union. Indeed, there are 
obvious advantages, including harmony of action and centralization 
of responsibility, in unifying as completely as possible all the branches 
and departnients of government over which the Americans are to pre- 
side in the Philippines. 

The members of the first group will be appointed by the President; 
those of the second, probably transferred from the home service. In 
neither case will there be examinations. Now, in neither of these 
groups is there any necessity for limiting the term of office except, of 
course, in the case of the governor, whose term should be long enough, 
however, to enable him to accomplish something. Under the scheme 
of government recommended by the commission, half the senate is to 
consist of appointed members, and it is assumed that the attorney- 
general, secretary, and other heads of departments would be appointed 
senators. It would be extremely unfortunate if, when these officials 
had come to understand the language of the people and to appreciate 
their character, as well as to have gathered valuable experience, their 
places should be taken by novices, for whom the same elementary 
training would once more be necessary, and with whom, again, it 
would be balked of its proper fruition. The same considerations 
S. Doc. 138 8 


apply to the judges, the chiefs of the customs, post-office, and other 
departments of the Federal service. Permanenc}" of tenure is, there- 
fore, a first requisite in the highest oflfices which Americans will be 
called upon to fill in the Philippines. And to secure the best men — 
men who are qualified for the arduous task of shaping and guiding 
public administration in the Philippines — it is essential that high 
salaries should be paid. 

Besides the executive, administrative, and judicial heads, who can 
not be selected by means of competitive examinations, there will be a 
small number of offices, intermediate between the heads of depart- 
ments and the great body of native officials, in all branches of the 
government for which it will be desirable to have American incum- 
bents. Americans who are candidates for these positions should be 
subjected before admission to tests of fitness in the United States. 
Thsy should then be promoted upon merit, and retained during effi- 
ciency and good behavior. In some cases it may be desirable on 
account of their experience and training to transfer men from the 
existing classified service to the Philippine service, and provision 
should be made to enable such officials to retain all their rights and 
privileges as classified emplo3^ees. By whichever method secured, 
American officials in the Philippines should be offered salaries large 
enough to induce the most capable of their class not only to enter and 
remain in the service, but to give an honest, effective, and economical 
administration, free from any taint of corruption. The appointment 
to the service of the best men available, without regard to politics, 
and their retention so long as they discharge their duties satisfactorily, 
are, in the opinion of the commission, indispensable principles of 
administration in the Philippines. 

With a view to facilitating the discharge of their official duties as 
well as to promoting mutual understanding, sympathy, and good feel- 
ing betw een Americans and Filipinos, the commission holds it essential 
that the American members of the regular Philippine civil service 
should be required to learn the language of the people (Tagalog, 
Ilocano, VisaA'an, Vicol, etc.) among whom they live, and that facility 
in the use of such vernacular be a condition of all promotion. This 
requirement should be extended to the town and count}' commission- 
ers or supervisors if they are not as a class brought under the provis- 
ions of the civil-service regulations. The more an American official 
has to do with natives the greater the need and the more imperative 
the duty of learning their language. Bv no other means can the 
two peoples be so speedily brought to understand and appreciate one 
another. Of course this recommendation is not inconsistent with 
another reconnuendation made by the commission — i. e., that English 
should be taught in the schools of the archipelago to the utmost extent 


On the numher of Aniericam needd for the (jovernmentofthePlnlip- 
pines. — The business or merit sj'stem of civil service is economical of 
officials, for it aims onl}- at the public good. The patronage system, 
on the other hand, creating offices for favorites irrespective of the 
needs of the country, implies an exorbitant num])er of officials. Good 
government being the result of the former system, the people are con- 
tented and only a small military force is necessary. The patronage 
sj^stem, on the other hand, necessarih^ involving incapacity and 
extravagance and issuing in misgovernment and corruption, alienates 
and embitters the governed and necessitates, in consequence, large 
armies to keep them in subjection. 

As has been shown elsewhere Spain, prior to the last insurrection, 
spent annualh^ more than §4.000,000 on the Philippine army, and more 
than $800,000 on the civil guard, the latter being composed of 3,482 
individuals, and the former of 13,291, of whom, however, only 2,210 
were Europeans. Burma, with about the same population, has a mili- 
tarj' force of about 15,000 men, of whom one-third are British and 
two-thirds Asiatic (almost entirel}^ Indians); and the annual cost of 
this establishment is about 10,000,000 rupees. In addition, the civil 
police force of Burma consists of 13,000 men, at at aniuial cost of 
8,563,697 rupees, and the military police force of nearly 16,000 men, 
at a cost of 4,045.552 rupees — all Asiatics, except a small number of 
British officers. The figures are extraordinarily high; tirst, l)ecause 
Burma is a comparatively new acquisition; secondly, the population is 
scattered; and thirdly. Upper Burma on three sides is surrounded by 
extensive mountain tracts occupied by wild and savage tribes. In an 
old colony like Ceylon, with 3,500,000 inhabitants, the military force 
numbers only 1.700 officers and men (mostly British, however), with a 
volunteer corps of 1,200 (mostly Asiatics), both together costing 
annually less than 2,000,000 rupees, while the police force consists of 
about 1,600 officers and men (of whom only 42 are Europeans), at an 
annual cost of less than 500,000 rupees. The experience of Ceylon 
indicates what, with good government, may be anticipated in the 
Philippines in the course of a decade or two. 

As to the number of Americans who may be needed for the Philip- 
pine civil service, the experience of the British will once more atlord 
the safest indications. Take British India and the feudatory native 
states, with an area of 1.500.000 square miles and a population of 
300,000.000. of which British India alone has an area of nearly 
1,000,000 square miles and a population of over 230,000,000. '"The 
whole of the higher executive and judicial work in this immense area 
and over this enormous population,'- says an eminent authority. ^Mr. 
Montague Kirkwood, ^^is performed by 1,000 British officials with 
the aid of natives, on an average of one such European official to every 
1,000 square miles of country and to every 230,000 inhabitants." A 



similar work in Ceylon, with 25,000 square miles and 3,500,000 popu- 
lation, is discharged by 71 British officials. For the salaries of these 
officials and for the further facts and figures regarding the civil 
administration of the principal British dependencies in the Orient 
reference may be made to the very clear, concise, and instructive 
memorandum furnished to the commission by Mr. Kirkwood, which 
is submitted herewith as Exhibit VIII. The conclusion is irresistible 
that onh^ a small number of Americans are needed as the organizing 
and directing brain of the civil administration of the Philippines; but 
these should be men of the very highest qualifications, and to secure 
them, and at the same time good government, it is indispensable that 
they shall be offered high compensation and appointments during good 
behavior and efficiency. On them, and practically on them alone, will 
devolve the fulfillment of our high obligations in the Philippines. 

Financial relations of the United States to the Philippine Islands. — 
It has been the practice hitherto to assimilate the customs duties of 
new territories to those of the United States. But, as alread}^ shown, 
this practice rests onl}^ on convenience and expediency; it is not a 
requirement of the Constitution, which calls only for uniformity of 
duties, imposts, and excises throughout the States. The commission 
has, however, carefully considered the feasibility of assimilating the 
tariff of the Philippines to that of the United States. The differences, 
however, appear to be fundamental and irreconcilable; the tariffs are as 
far apart as the corresponding economic, industrial, and social conditions 
of the two countries. The following table shows the chief articles 
imported into the Philippines (comprising, indeed, two-thirds per cent 
of the total imports) along with the duties levied on them in the 
Philippines, and also in the United States (the equivalent of Philippine 
weights and measures being also given for purposes of comparison) : 

Comparative duties on chief import articles, comprising two-thirds per cent of total imports. 

[p. ^peso; kg. = kilogram.] 


Still wines .. 


Cotton yarn . 

Cloth, close . 
Cloth, loose 

Nails and wire 

Steel rails, etc 


Drugs and chemicals 



Per cent 
of im- 









Philippine duty. 

J p. 100 kg 

yVoP- liter 

xSnP- liter 

?d5 P- kg- +-0 per cent. 

^A P- kg- +20 per cent. 
■fijs p. kg. +20 per cent. 

4 p. per 100 kg 
1.60 p. 100 kg.. 
4.50 p. 100 kg.. 





United States duty. 

17 cents cwt 

28 cents gal 

21 cents gal 

5i cent.s per lb. +20 

per cent. 
9 cents per lb. +20 per 

44 cents per lb. +20 
per cent. 

90 cents cwt 

36 cents cwt 

11 cwt 




S2 cwt. 

40 cents gal. (lowest). 
S2.25gal. (proof). 
3 cents lb. up. 

li cents per sq. yd. 

li cents per sq.yd. 

50 cents cwt. up. 
40 cents cwt. 



The verv first article on the list seems to show the divergency in 
the customs duties of the two countries and also the impracticability 


of their assimilation; for rice being in the Philippines the food of the 
people, there would be riots if importations were taxed ^2 per hundred- 
weight instead of 17 cents. Other examples reenforce with equal strength 
the conclusion that the tariffs can not be assimilated. The commission 
is fully aware of the advantage which would accrue to American 
manufacturers under a uniform tariff', though they estimate that even 
in that case more than one-third of Philippine imports, including rice, 
12 per cent of the whole, cotton 5 per cent (the waste of Bombay mills), 
silk 2.5 per cent, and earthenware 2 per cent, would still be imported 
into the archipelago from countries other than the United States, But 
this is a case where facts and not theories or desires must control. 
And so long as the existing chasm remains between the economic and 
social conditions of the Philippines and those of the United States, so 
long will it remain impracticable to identify their tariff's. These con- 
ditions are not more fatal to uniformity of protective tariff's than to 
uniformity of revenue tariff's; for thev make it equally impossible to 
devise a uniform dutiable list of revenue-producing commodities. 
Accordingly the commission recommends that at the present time no 
attempt be made to assimilate the customs duties of the Philippines to 
those of the United States. A similar recommendation, and for simi- 
lar reasons, is also made in regard to the internal-revenue taxes of the 
two countries. 

As under the treaty of Paris Spain is to enjoy equal advantages with 
the United States in the markets of the Philippine Islands for ten 
years following upon the ratiffcation of that instrument, the question 
of the assimilation of the Philippine and American tariffs has not the 
immediate practical interest which it would otherwise command. 

The commission is not disposed to consider at any length the fiscal 
system of the Philippines. For the years 1896-97 the revenues 
amounted to $17,474,000, of which $8,496,000 was derived from direct 
taxation, $6,200,000 from customs, $1,222,000 from monopolies, 
$1,000,000 from lotteries, $257,000 from rents, and $298,000 from 
miscellaneous sources. The receipts from import duties aggregate 
about 35 per cent of the whole. In order to stinuilate trade with other 
countries, which is a desideratum in the Philippines, the customs 
should, if changed, be reduced rather than augmented. In a country 
of such undeveloped economic resources internal-revenue taxes should 
undoubtedly be the chief reliance of the Government, and it is inter- 
esting to note that nearly half the total revenue has been raised by 
direct taxation. For the imposition of excise duties articles of gen- 
eral consumption like alcoholic drinks, opium, and rice should be 
selected. As the Philippines enjoy unique advantages in the produc- 
tion of hemp and special advantages in the production of tobacco, and 
possibly sugar, these connnodities or some of them would stand a 
license tax or perhaps a low export duty with great advantage to the 


public treasury. As regards the provincial and municipal revenues, 
recourse should be had to taxes on real estate, business licenses, and 
other specitic taxes. 

There are two fundamental principles on which a successful admin- 
istration of the finances of dependent territories must rest. First, 
their finances must l)e managed, not for the advantage of the sovereign 
power, but for the benefit of the people and the development of the 
country whose destinies have been committed to its supreme control. 
Up to the eighteenth centurj' all the great colonizing powers thought 
of their colonies as estates to be farmed for the benefit of their Euro- 
pean proprietors. This theory cost England her first colonial empire 
in America, and then she abandoned it. Spain retained it and her 
colonial empire has dropped from her grasp. There is no instance in 
history of the successful government of a colony where profit to the 
parent state or its citizens has been a leading consideration. 

The second vital principle of the financial administration of depend- 
ent territories is that they should be made self-supporting; and to 
accomplish that object should be the principal aim of the United States 
in the financial. administration of the Philippines — and to accomplish 
it while developing the resources of the countr}' and making public 
improvements. The detailed examination of Philippine revenues 
given in an earlier chapter shows clearly that the archipelago will be 
easily capable of maintaining itself. It has also a large public domain 
which will be of great value when the building of railroads and the 
making of highways render it accessible. 

From all that has been said, and especially in view of the separate 
system of customs duties and internal-revenue taxes, it is obvious that 
the finances of the Philippines must be kept separate from those of 
the United States. All duties and taxes collected in the Philippines 
must be deposited in the Philippine treasury, and that treasury must 
bear the cost of the entire administration of the archipelago. 

The commissions recommend that the Treasury Department send 
experts to the Philippine Islands to stud}' on the spot the question of 
the tariff and to make such recommendations thereupon as they may 
deem expedient. There are practical difliculties in administering the 
Spanish tariff now in force, owing partly to the fact that duties are 
payable in silver and partly to complications inherent in the tariff 

Time when this scheme of government should go into operation — The 
commission recommend that in all parts of Luzon and the Visayan 
Islands where American occupation is effective this scheme of civil 
government be put in operation where practicable, as soon as possible, 
though with the retention in every case of such military forces as 
may be deemed necessary for the protection of the civil communities 


thus organized. And as American authority is extended over the 
remaining districts, islands, and peoples of the archipelago, there 
should be a corresponding extension of civil government until all the 
civilized peoples of Luzon, the Visayan Islands, and the coast of Min- 
danao enjoy the benefits of the territorial administration. There is no 
need to wait for the suppression of the insurrection in all the islands 
before giving civil government and local home rule to such as are at 
peace and are fit for it. Considering the varieties of the peoples and the 
friendliness of most of them to the United States, it would be both 
unjust and impolitic to treat them all alike as unworthy of civil gov- 
ernment; and looking to the pacification of those still hostile, the com- 
mission believes that no instrumentality would be so eflfective to that 
end as the establishment of civil government in the communities 
which are already friendly. 

The commission assumes that this gradual organization of the terri- 
torial government it recommends for the Philippine Islands might 
rest either on Congressional legislation or on the powers of the Presi- 
dent, as commander in chief of the forces of the United States, who 
as such is free to use as his chief administrative agent or governor 
either a military ofiicer or a civil ofiicial, and direct him to set up this 
form of government. 

However accomplished, the separation of the civil government from 
the military command wherever practicable throughout all parts 
of Luzon and the Visayan Islands as soon as they come under the 
American flag is. in the opinion of the commission, a most urgent 
desideratum and would have most beneficial results throughout the 
entire archipelago. 

Encouraging prospects fcyr the government of the Philippines. — The 
commission, while not underrating the difficulty of governing the 
Philippines, is disposed to believe the task easier than is generally 
supposed. For this confidence it has the following among other 
grounds: First. The study by educated Filipinos of the various exam- 
ples of constitutional government has resulted in their selection, as 
best adapted to the conditions and character of the various peoples 
inhabiting tbe archipelago, of almost precisely the political institutions 
and arrangements which have been worked out in practice by the 
American people; and these are also, though less definitely appre- 
hended, the political ideas of the masses of the Philippine people them- 
selves. This point has been frequentl}- illustrated in the course of the 
preceding exposition, and it must here suffice to say that the commission 
was constantly surprised by the harmony subsisting between the rights, 
privileges, and institutions enjoyed by Americans and the refornis de- 
sired by the })est Filipinos. Secondly. In addition to the adaptation of 
the American form of government to the Filipinos, the Filipinos them- 


selves are of unusually promising material. They possess admirable 
domestic and personal virtues; and though thej' are uncontrollable 
when such elemental passions as jealousy, revenge, or resentment 
are once aroused, most of them — practicallj^ all of the civilized 
inhabitants of Luzon and the Visayas — are naturall}' and normall}^ 
peaceful, docile, and deferential to constituted authority. On the 
suppression of the insurrection the great majority of them will be 
found to be good law-abiding citizens. Thirdly. Though the majority 
of the inhabitants are uneducated, they evince a strong desire to be 
instructed, and the example of Japan is with them a cherished ideal 
of the value of modern education. A system of free schools for 
the people — another American institution, it will be noted — has been 
an important element in every Philippine programme of reforms. 
rourthl3\ The educated Filipinos, though constituting a minority, 
are far more numerous than is generally supposed and are scattered 
all over the archipelago; and the commission desires to bear the 
strongest testimony to the high range of their intelligence, and not 
only to their intellectual training, but also to their social refinement, 
as well as to the grace and charm of their personal character. These 
educated Filipinos, in a word, are the equals of the men one meets 
in similar vocations^ — law, medicine, business, etc. — in Europe or 
America. It is scarcely an exaggeration to say that these picked 
Filipinos will be of infinite value to the United States in the work of 
establishing and maintaining civil government throughout the archi- 
pelago. As leaders of the people they nuist be the chief agents in 
securing their people's loyal obedience to the new government, to 
which, therefore, the dictates of policy, as well as plain common sense 
and justice, require us to secure their own cordial attachment. And 
it has been a leading motive with, the commission in devising a form 
of government for the Philippines to frame one which, to the utmost 
extent possible, shall satisfy the views and aspirations of educated 
Filipinos. They believe that the Territorial system herein set forth 
will accomplish that object, and this is a fifth and most important 
reason for their conviction that the administration of the government 
will, in the proper hands, not be attended with insuperable or even 
extraordinary difficulties. 

This scheme of government for the Philippines the commission now 
respectfully commends to the President, the Congress, and the Ameri- 
can people, in the firm confidence of its adaption to the Filipinos and 
its potenc}^ to satisfy them, even to the extent of reconciling the mis- 
guided and estranged to their American liberators, who seek only to 
establish among them — or rather to assist them in establishng for 
themselves — the reign of peace and order, justice and liberty, educa- 
tion, prosperity, and all the good things of the highest civilization. 



In connection with the subject of government the Commission has 
reached the following conclusions: 

1. The United States can not withdraw from the Philippines. We 
are there and dut}^ binds us to remain. There is no escape from our 
responsibility to the Filipinos and to mankind for the government of 
the archipelago and the amelioration of the condition of its inhabitants. 

2. The Filipinos are wholly unprepared for independence, and if 
independence were given to them they could not maintain it. 

3. As to Aguinaldo's claim that he was promised independence or 
that an alliance was made with him, Admiral Dewey makes the follow- 
ing communication to the Commission: 

The statement of Emilio Aguinaldo, under date of September 23, published in 
the Springfield Republican, so far as it relates to reported conversations with me, or 
actions of mine, is a tissue of falsehoods. I never, directly or indirectly, promised 
the Filipinos independence. I never received Aguinaldo with military honors, or 
recognized or saluted the so-called Filipino flag. 1 never considered him as an ally, 
although I did make use of him and the natives to assist me in my operations against 
the Spaniards. 

4. There being no Philippine nation, but onh^ a collection of diti'er- 
ent peoples, there is no general public opinion in the archipelago; but 
the men of property and education, who alone interest themselves in 
public affairs, in general recognize as indispensable American author- 
it}' , guidance, and protection. 

5. Congress should, at the earliest practicable time, provide for the 
Philippines the form of government herein recommended or another 
equally liberal and beneficent. 

6. Pending any action on the part of Congress, the Commission 
recommends that the President put in operation this scheme of civil 
government in such parts of the archipelago as are at peace. 

7. So far as the finances of the Philippines permit, public education 
should be promptl}' established, and w hen established made free to all. 

8. The greatest care should be taken in the selection of oflicials for 
administration. They should be men of the highest character and 
fitness, and partisan politics should be entirely separated from the 
government of the Philippines. 


Under Spanish rule the administration of justice in the Islands was 
intrusted to a territorial supreme court (audiencia), which in civil 
affairs had jurisdiction over the whole Archipelago, and was located in 
Manila, and to two superior courts (audiencias) for criminal cases, 
which were located in Vigan and Cebu. In all the provinces and dis- 
tricts there were justices' courts of the first instance. These were 
divided into three classes, viz, entrado, ascenso, and termino (literally, 
entry, continuance, and termination); and in civil and governmental 
matters they were subordinate to the superior court at Manila, in 
criminal matters to the same, or to one of the two superior courts to 
which the}^ might be assigned. 

In every town of the archipelago there was a justice's court of the 

Each court had attached to it an attorney-general or an assistant 
attorney -general. 

A register of property with a recorder was also established in each 
province. Furthermore, there was the necessary number of notaries, 
solicitors, and counselors of law attached to the different superior 

The superior court of Manila was composed of one president, two 
presidents of chambers, nine magistrates, one attorney -general (who 
acted for the whole archipelago), one assistant attorney -general, three 
counselors of the treasury, one governmental secretary, one official first 
counselor of said secretary's office, three secretaries of chambers, four 
solicitors, three officials of chamberti, one chief doorkeeper of the 
court, and the necessary number of attendants. 

The department of justice was further represented by a legal secre- 
tary and an attache. 

The court was divided into several chambers; one for equity busi- 
ness, one for civil suits, and a criminal chamber for trial and sentence 
in criminal cases. 

All the justices' courts of the Archipelago were subordinate to the 
superior court of Manila in civil matters, and in criminal cases the 
courts of a great part of the islands were subordinate to the superior 
court. There was also annexed to the superior court of Manila a local 
tribunal for trAdng local suits. 

In the year 1888 there was created a superior criminal court at Cebu. 
It was composed of one president, two vice-presidents, one attorney- 
general of the treasury, one assistant attorney -general of the treasury, 


one secretary, two solicitors, with necessary attendants. It had juris- 
diction in criminal matters only, and subordinate to it were the justices' 
courts of a number of the islands. 

There was also a superior criminal court at Vigan which had the 
same personnel and organization as that of Cebu. Subordinate to it 
were the justices' courts of the adjacent islands. 

The justices' courts of the first instance were distributed all over 
the islands. There were also recorders of property in the various 

There now exists a supreme court aixl inferior courts established 
by military authority in the city of Manila. In general the order 
issued by the military governor, chapter 3, article 2, of the organic 
royal decree of January 5, 1891, prescribing the qualifications of 
appointees to colonial judicial oflice was, in its application to judicial 
appointments in the Philippine Islands, suspended. The supreme 
court of the Philippine Islands, theretofore administered in the city of 
Manila, the exercise of whose jurisdiction had been suspended as to 
criminal afl'airs since August 13, 1S98, and as to civic afi'airs since 
Januarv 30, 1899, was reestablished. The new court was given the 
jurisdiction which it possessed prior to August 13. 1898. and was 
empowered to administer the laws recognized as continuing in force 
by the proclamation issued from the military headquarters, dated 
August 14. 1898, except in so far as they had been or might hereafter 
be modified by authority of the United States. 

The most distinguished lawyer in the Islands, Don Cayetano Arel- 
lano, was appointed President of the Supreme Court. 

Other members of the bench were drawn, not only from Luzon. ])ut 
also from the Yisayan Islands. They are all men of high professional 
reputation and spotless character. 

In the civil branch of the court Don Manuel Araullo is the presi- 

The associate justices were Don Gregorio Araneta and Lieut. Col. 
E. H. Crowder, judge-advocate, United States Volunteers. 

In the criminal branch Don Eaymondo MeUiza was appointed presi- 

The associate justices were Don Ambrosio Riarezares ; Don Julio 
Levrente ; Maj. R. W. Young, Utah Volunteer Light Artillery ; and 
Col. W. E. Birkhimer, U. S. V. 

The Attorney-General was Don Florentino Torres. 

The American officers above named were peculiarly qualified by 
their attainments and qualifications for the positions assigned them. 
It is regrettable that after a short time of service Major Young and 
Colonel Birkhimer withdrew, having been assigned to other duties. 

These officials and all others to be named hereafter were required 
to take and subscribe an oath of office by which they recognized and 
accepted the supreme authority of the United States of America, and 


solemnly swore that they would maintain good faith and fidelity to that 
Government, and would obey the existing law§ which rule the Philip- 
pine Islands, as well as the legal orders and decrees of the duly con- 
stituted government therein; and that they imposed on themselves 
this voluntary obligation without an}^ mental reservation or purpose 
of evasion, and would faithfully discharge their duties. This ordei 
was issued May 29, 1899, and the court was organized shortly there- 
after. June 5, 1899, there issued from the military headquarters an 
order establishing courts of first instance of the province of Manila 
and courts of justice of the peace. These courts were empowered to 
exercise the jurisdiction possessed by them prior to August 13, 1898, 
in so far as the same was compatible with the supremacy of the United 
States and the exercise of military government in the Philippines, and 
were empowered to administer the laws recognized as continuing in 
force by the proclamation of August 14, 1898, except in so far as these 
laws had been modified, or hereafter might be modified, by authority 
of the United States. 

Under this order judges and district attorneys were appointed for 
the following districts: Binondo, Tondo, Quiapo, and Intramuros. 

Justices of the peace were appointed for the same districts. 

Secretaries w^ere appointed for the Supreme Court. 

Manila was divided into two districts for the purpose of registering 
titles to property, as such districts existed prior to August 13, 1898, 
and two registrars were appointed. Other orders from time to time 
followed, under which notaries were appointed, rules for the admission 
of attorneys adopted, and methods of procedure provided. 

It was ordered that the jurisdiction of the courts should not extend 
to and include crimes and offenses committed which were prejudicial 
to military administration and discipline. Such jurisdiction apper- 
tained to the provost courts, courts-martial, or military commissions, 
except in special cases, as ordered by the military government. 

At Manila general commendation was awarded to these courts. 
There can be no doubt but that these courts will furnish the beginning 
of a S)^stem of judicature which will secure to the people, which is 
most earnest!}" to be desired, a pure, honest, and able administration 
of the law. 

These courts have in general followed the sx^etem which existed 
under Spanish rule. The}' have adopted and put m force the Spanish 
codes. This was an absolute necessity, because there was no American 
code of law applicable to Manila. 

Either the law embodied in the Spanish codes had to be adminis 
tered or the military authorities would have been compelled to devise 
a new system. This was. plainly impracticable. The lawN'ers and 
judges in the Philippines were familiar with no law except that con- 
tained in the Spanish codes. Able as many of them are, they would 
not have been capable of administering American laws, even if they 


had been supplied with the code of any one of our States. It is appar- 
ent that the United States statutes ^^ ould not have served the purpose. 
Federal jurisdiction, being limited to a few matters, both criminal 
and civil, would not have supplied the existing- needs. Nor would 
any State code have suited the condition of the people. It must be 
said that in many respects the Spanish codes are excellent and that 
they are adapted to the customs and conditions of the people. Expe- 
rience will no doubt suggest modifications, especially in criminal mat- 
ters. Criminal procedure under the Spanish code is arbitrary and not 
in accordance with rules prevailing either in Federal or State systems. 
In due time it should be modified. There should be trial by jury and 
many other changes. It is too early, however, even to outline a civil 
or criminal code for the Philippines. The people are accustomed to 
the existing laws. These laws should be honesth' and purely admin- 
istered, which is the main requisite for the successful government of 
the Islands. 

This discussion does not involve questions which are new in our 
jurisprudence. Our fathers had no great trouble in adopting the laws 
which prevailed in Louisiana before its acquisition by the United 
States to the changed and new governmental conditions which pre- 
vailed after the cession. 

Other precedents ma}" be found in our own and other countries. 
When a civil government has been established in the Philippines all 
questions touching the law can be taken up and settled. 

The witnesses before the commission testified that the Spanish 
codes suited the conditions of the people, but that the forms of pro- 
cedure should be changed and improved. 

The judicial system now existing will no doubt be extended to the 
other islands as fast as they are occupied by American troops. 

It is the opinion of the Commission that it would be desirable to 
establish for the Islands at least one United States court. This court 
should have jurisdiction over the whole archipelago. It should hold 
two sessions each year in the city of Manila, island of Luzon; in the 
city of Iloilo, island of Panay, and in the city of Cebu, island of Cebii. 
The regular sessions of this court at Manila should be held on the first 
Monday of May and November, at Iloilo on the first Monday of April 
and October, and at Cebu on the first Monday of June and December. 
Such sessions should last as long as t-he business might require. It 
should be competent for the judge to hold a special session of his court 
at any point in the Archipelago at any time that the public interest 
might require such session to be held. An appeal might lie from this 
court to the United States Circuit Court of California. The practice 
and procedure of said court should conform to the practice and procedure 
of the said courts of the State of California aforesaid, as consistent 
with the practice and procedure of the district and circuit courts of the 


United States and the laws of the United States. Said court should 
have original jurisdiction of the following cases, to wit: 

1. Of suits of a civil nature in which there should be a controversy 
wherein one or more of the parties is a foreign subject, or where one 
or more of the parties is a citizen of a State or Territory in the United 
States, or is not domiciled in the Philippine Islands. 

2. In all criminal actions of the grade of felony, and in misdemeanors 
where the offense is punishable by a fine of more than $100 or impris- 
onment exceeding three months, and the defendant is a foreign sub- 
ject, or a citizen of any State or Territory of the United States, or is 
not domiciled in the Philippine Islands. 

3. Said court should have exclusive jurisdiction of all the matters of 
which the district and circuit courts of the United States have exclusive 
jurisdiction under the Constitution and laws of the United States. 

1. The removal of causes from the legal courts of the Philippine 
Islands to said United States courts should be mandatory whenever 
removal is demanded by a party to a suit or action who is entitled 
thereto, as is hereinbefore set out. 

There can not be extraterritorial jurisdiction in the Philippines, 
because the Islands belong to the United States. For that reason we 
found a general demand among foreigners who live and do business in 
the Philippines for the establishment of a tribunal which should be 
removed from local prejudice and should administer the law of the 
United States. 

It is apparent that at no distant day it will be necessary to establish 
more than one Federal court. Indeed, at this time it would not be 
unwise to establish three districts for judicial purposes. Should it be 
determined to create three courts instead of one, the three districts 
should be geographically as follows: 

The first district should embrace and include Luzon, Marinduque, 
Burios, Catanduanes, Polillo, the Batanes Islands, the Babuyanes 
Islands, Mindoro, and the islets immediately adjacent thereto. 

The second district should embrace and include Panay, Guyamares, 
Negros, Sibuyan, Romblon, Tablas, Calamianes Islands, the Cuyos 
Islands, the Cagayanes Islands, Palawan, Balabac, and the islets imme- 
diately adjacent thereto. 

The third district should embrace and include the following terri- 
tory: Cebu, Bohol, Siguijor, Masbate, Ticao, Samar, Leyte, Mindanoa, 
Basilan, Sulu, Tawi Tawi, and the islets immediately adjacent thereto. 

Should three judges be appointed, then it would be wise that they 
should constitute an appellate court, to hold its sessions at Manila at 
such time as may be determined by the judges, or the majority thereof, 
to which appeals should lie from the courts above mentioned. In 
that event it would not be necessary to allow any appeal to the United 
States circuit court of California. 



A careful study of the ph3^sical and political conditions existing in 
the Philippines shows that the work devolving upon the Nav}' in those 
waters is great and unceasing. The archipelago comprises some 1,725 
islands, of which comparatively few are of any considerable size. They 
are mostl}- mountainous and are almost entirely lacking in practicable 
roads. There are a few trails through the mountains and through the 
jungles of the lowlands, but their value is practically nil, especialh: in 
the rainy season, when thej^ become almost impassable. The onlv rail- 
road in the Philippines is the line from Manila to Dagupan, a distance 
of about 120 miles. The larger islands have extremel}' indented coast 
lines, and there are numerous rivers and streams that are navigable for 
light-draft vessels and small boats. 

Because of the above facts, comnuinication for trade is almost entirely 
by water, not only between different islands of the group, but between 
different parts of the same island. The task of controlling and pro- 
tecting this communication is necessarily on the Nav}'. 

The mhabitants of the islands are divided into numerous tribes, 
greatly differing in language and customs, and in many cases with 
tribal feuds of long existence. The natives of the southern islands 
especially have been addicted to piracy for hundreds of years, and have 
not only made raids and incursions on neighboring tribes, but have 
even gone to the point of attacking foreign vessels. These conditions 
have required under the former rule the presence of a large number of 
naval vessels, and undoubtedly under the existing circumstances many 
gunboats will be necessary to protect life and property. During the 
continuance oP the present insurrection it is of greatest importance 
that the coasts be so guarded as to prevent the smuggling of arms and 
munitions of war, as well as the transportation of troops. An efficient 
naval patrol will effect this end. 

As our interests in the East and in questions affecting it have increased 
greatly since our possession of the Philippines, we should maintain a 
permanent ffghting force of ships on the Asiatic station, including battle 



ships and armored cruisers. The distance and the time that would be 
required for reenforcements to arrive in case of attack by a foreign 
power show clearly the necessity for keeping a strong enough force 
on the spot to make such an attack improbable. The great increase 
and opportunites for greater increase in our commerce with the far 
east render it advisable that we should have a large enough force to 
show the flag at the trading ports more often than has been possible 
during the last two years. 

The necessitv for a moderately large fleet being clearly shown, it is 
necessary' to establish naval and coaling stations for its repair and sup- 
ply. This question is of great importance and requires careful stud3^ 
It is believed that the number, size, and location of the stations needed 
could best be determined by a naval commission, which should study 
the subject upon the ground, weighing the advantages of each port, 
such as size, protection and depth of harbor, adaptability for defense, 
facilities for procuring labor and supplies, etc. Still, there are several 
considerations that may be set forth here. 

It is of prime importance to have a naval station of the first class in 
or near Manila Bay, which is the natural headquarters of our fleet in 
Philippine waters. It w^iii probabl}^ be found advisable to retain the 
small station at Cavite, 7 miles from Manila, which was established 
by the Spaniards, and used by our fleet since May, 1898, for light 
repairs, hauling out gunboats and ship's boats, and coaling. But the 
shoalness of the water and lack of shelter at Cavite precludes its being- 
made a station where large ships could be docked and repaired, nor 
does the ba}^ show an}^ other point well adapted for the purpose. 

The selection by the Spaniards of Subig Bay as the place for their 
principal naval station seems a wise one. It is perhaps the best har- 
bor in the Philippines, is onl}^ 60 miles from Manila, is admirably 
situated strategically, capable of easy defense, perfectly land-locked, 
and with ample but not too deep water. The site selected is at 
Olongapo, on a peninsula on the east side of the bay, some distance 
from the en trance, and out of practicable range of ships' guns. The 
station had been fairly well begun by the Spaniards by the erection of 
a number of large and substantial buildings, a defensive wall across the 
peninsula, retaining walls, etc. They had also contracted for and 
were building in England a large floatmg dock. The necessit}" for 
docks capable of taking the largest vessels is great, not only on the 
score of policy, but on that of economy. It is now necessary to send 
all vessels of over 1,200 tons displacement to Hongkong for docking, 
and the expense to the Government is very large. The question as to 
whether graving docks or floating docks are preferable is one to be 
determined by the commission, but there is little doubt that a suitable 
site for large graving docks can be found in Subig Bay. It may be 
well to recall the fact that when it became necessary to dock the Brit- 


ish battle ship Victorimcs the only dock large enough to take her was 
that at the Japanese naval station at Yokosuka, and then only after 
remov-ing guns and other permanent fittings, at the cost of much time, 
expense, and anxiety. 

It is believed that several secondary stations for coaling and small 
repairs will be found necessary, especially in the southern ishinds, in 
order that the vessels patrolling those waters need not leave their 
stations too long and too frequently. The Spaniards had stations of 
this sort at Balabac and Port Isabela, and it would seem advisable to 
reestablish these as well as one in the Visayas and another near San 
Bernardino Strait. 


It has been shown above that nearh' all of trade communication in 
the islands is necessarily by water and that a considerable force of 
expensive war vessels must be maintained in the Philippines. Even 
now there are man}- steamers and sailing vessels navigating in the 
archipelago, and their number will be greath^ augmented with the 
increase in trade due to the development of the islands. These facts 
demand immediate consideration of the means to be taken to protect 
the shipping from danger of wreck. The recent total loss of the 
cruiser Charlestcm on an uncharted reef and the grounding of many 
other vessels on similar obstructions indicate the untrustworthiuess of 
the existing surveys, and it is of prime importarlce that new surveys 
be made of the whole archipelago. It is believed that the naval force 
can carry on this work as soon as peace is established without mate- 
rially lessening its value in maintaining order. 

A glance at the chart of the Philippines will show that the coasts are 
very badly lighted and that other aids to navigation are few. Prior to 
the war there were only fifty -five lights in the whole archipelago, and 
only five of these were of the first order. This number was entirely 
inadequate to the lighting of the great extent of coast, and now the 
lights are still fewer, many of them never having been relighted since 
they were extinguished at the breaking out of hostilities in April, 
1898. A commission should be appointed to decide on all subjects 
connected with aids to navigation, and the work of establishing lights 
and buoying channels should begin as soon as possible. Labor and 
material are cheap, and the first cost of construction and the after 
maintenance of the lights would be much less than in the United 

S. Doc. 138 9 


In discussing questions that relate to religious matters in the Philip- 
pine Islands, it must be understood that we do so for the simple pur- 
pose of conveying information as to the existing conditions in those 

Under our system of government the state would confine itself to 
securing religious liberty, and would by no means make any distinc- 
tion between religious sects. All sects would be treated alike and no 
special privileges would be granted to any. 

It is a matter of history that great antagonism has existed in the 
islands against the class of people called by the Filipinos "friars." 
This hostility was beyond doubt one of the causes of the rebellion of 
1896. Then for the first time in the history of the islands several 
priests in diflPerent parts of Luzon were murdered by the populace; 
many of them were arrested and held as prisoners by the Filipinos. 

General Otis, in the month of November, 1898, made an urgent 
effort to secure the release of the priests who had been taken prisoners, 
and a long correspondence took place between him and Aguinaldo on 
this subject. Aguinaldo refused to release the priests, assigning 
various reasons for his conduct. He charged that the religious corpo- 
rations of the Philippines had acquired large agricultural colonies by 
means of fraud; the products of these lands, he stated, were first 
granted, but in the course of time possession was taken of the lands, 
and they have ever since been held by the religious corporations, which 
were aided by the Spanish authorities; he stated that the privilege of 
absolving belongs solely to the secular clergy, to which the Filipino 
priests belong, and that this privilege has been absorbed by the reli- 
gious orders; he stated that the primary causes of the Philippine revo- 
lution were the ecclesiastical corporations, which, taking advantage of 
the corrupt Spanish Government, robbed the country, preventing 
progress and liberty; he claimed for the Filipino priests the right 
to appointment to the duties of bishops and parochial priests; he 
denounced as dangerous to the interests of the Philippines the allow- 
ance to the regular Spanish clergy to continue their rule in the islands, 
believing that they would incite a counter revolution in the interests 
of Spain. The Commission does not pronounce upon the truth of 
these allegations. 


One of the clauses in the Malolos constitution provides for the 
confiscation of the property of the friars. When the Comrai.ssion 
left the Philippines there was in circulation a petition, which was 
being largely signed by the people, praying the President to expel 
the friars. Many charges were popularly made against them, involv- 
ing political oppression of the people, extortion, and immorality. The 
Commission did not think that an investigation of these charges came 
within the purview of its duties. The Filipinos do not antagonize the 
church itself; they are faithful and loyal to it; their hostility is aim(;d 
at the religious orders; they demand that the parishes should be filled 
by priests who are not friars; they claim that this is a law of the 
church and should be the practice in the Philippines. Clearly this is 
something with which the state has nothing to do. It may be said 
that these and all other questions of ecclesiastical polity should be left 
to the church authorities. 

The question of a confiscation of the property of the religious orders 
has been and is much discussed in the islands. Apart from the general 
principles of law governing this subject, the treat}^ of Paris should be 
particularly considered. The second paragraph of Article VIII of the 
treaty of peace, negotiated the 10th day of December, 1898, at Paris, 
reads as follows: 

And it is hereby declared that the relinquishment, or cession, as the case maj'^ be, 
to which the preceding paragraph refers, can not in any respect impair the i)roperty 
or rights which by law belong to the peaceful possession of property of all kinds, of 
provinces, municipalities, public or private establishments, ecclesiastical or civic 
bodies, or any other associations having legal capacity to acquire and possess property 
in the aforesaid territories renounced or ceded, or of private individuals, of whatso- 
ever nationality such individuals may be. 

This clause would not prevent the state from purchasing at fair rates 
property so held and selling it to the natives in small holdings and at 
reasonable rates. Considering the strong feeling of the natives con- 
cerning the lands held by the friars, the Commission believes this 
policy would have good results; and as this question is one of the most 
vital and important in the Philippines, the Commission recommends 
an early consideration of this solution by the government hereafter to 
be established in the Archipelago. 

Questions as to title or ownership of any particular property must 
be left to the determination of courts of justice. 

It is popularly believed that there are extensive tracts of land 
which are held by the owners in the name of trustees. 

As the church and monastic orders have been closely connected with 
the state it is perhaps well to describe their prominent characteristics 
in the islands. 

The Archipelago was divided into five dioceses. One metropolitan, 
that of Manila, and four suflragau, those of Nueva Segovia (Vigan), 


Nueva Caceres, Cebu, and Jaro. These all exercised high functions 
in accordance with constitutions adopted by the prelates who founded 
them, and approved by the Holy See, under subjection to the preroga- 
tives exercised by the King of Spain, in virtue of different bulls by 
the Roman Pontiffs. In the Archipelago these functions were exercised 
by the Governor-General in his quality of Vice-President and Vice- 
Roj^al Patron. His powers were very great. 

The spiritual administration of the parishes and missions was confided 
to the regular and secular clerg3^ This clergy was constituted of 
members of the different religious communities established in the Arch- 
ipelago, and also of the priests ordained in the seminaries dependent 
upon each diocese. 


This Archbishopric was established in 1596., in which, by decree of 
His Holiness, Clemente VIII, the Episcopal See, founded in 1578 by 
Gregorio XIII, was elevated to be a metropolitan seat. 

This archbishopric comprehends the provinces and districts of Manila, 
Bulacan, Batangas, Cavite, La Infanta, La Laguna, Mindoro, Morong, 
Nueva Ecija, Pampanga, Principe, Tarlac, and Zambales. 


The diocese of Nueva Segovia was erected on the 14th of August, 
1599, by a decree of Clemente VIII. In the beginning this seat was 
established in Lallo (Cax^agan), but in 1758, owing to the difficulty of 
communication, the diocese was transferred to Vigan. This diocese 
comprehends the provinces and districts of Pangasinan, Tarlac, Caga- 
3^an, Isabela de Luzon, Nueva Vizcaya, Ilocos Norte, Ilocos Sur, 
Union, Abra, Lepanto, Benguet, Bontoc, Tiagan, Amburaj^an, Cabu- 
gasan, Cayapa, Quiangan, Itaves, Apayaos, and the Batanes Islands. 


The diocese of Cebu was erected at the same time as the preceding 
bishopric by a decree of His Holiness, Clemente VIII. This bishopric 
comprehends the provinces and districts of Cebu, Bohol, Leyte, Samar, 
Misamis, Surigao, and the Marianas Islands. 


This diocese was also established in 1595 by the above-cited decree 
of His Holiness, Clemente VIII. It comprehends the provinces and 
districts of Ambos Camarines, Albaj^, Tayabas, Masbate, Ticao, and 



The diocese of Jaro was established in 1865 by a bull of His Holiness, 
Pius IX. This diocese comprehends the provinces and districts of 
Hoilo, Concepcion, Capiz, Antique, island of Negros, Calamianes, 
Romblon, Paragua, Balabac, Zamboanga, Isabela de Basilan, Cotta- 
bato, Davao, and Jolo. 


There have been established in the Archipelago the religious orders 
of the Augustins, the Recoletos, the Dominicans, the Franciscans, the 
Capuchins, the Benedictines, the Society of Jesus, the Congregation 
of St. Vincent de Paul, and the Congregation of the Daughters of 
Charity. The four first were constituted in the provinces, at the head 
of which there was a Provincial, who exercised the authority of prelate 
over all the religious bodies of the same class, having reference to the 
especial constitution of each corporation which was, approved by the 
Supreme Pontiff. 

The Capuchins held a mission, which has its seat of government in 
Spain. The Jesuits and the Paulists have also two missions, which 
always depend on the respective Provincials resident in the Peninsula* 


The Augustins established themselves in the archipelago in 1565. 
The Provincial resides in Manila. The order administers the cure of 
souls in the provinces and dist^-icts of Manila, Batangas, Bulacan, 
Nueva Ecija, Pampanga, and Tarlac, in the archbishopric of Manila; 
riocos Norte, Ilocos Sur, Union, Abra, Lepanto, Bontoc, Tiagan, Qui- 
angan, and Benguet, and the comandancias of Ambura3'an and Cabu- 
gauan, in the bishopric of Nueva Segovia; Cebu, in that of Cebu; 
Iloilo, Concepcion, Capiz, and Antique, in that of Jaro. This order 
has a mission in Hunan, China. It has a convent in Manila, one in 
Cebu, Guadaloupe; it has a male orphan asylum atTambobon, a girls' 
orphan asylum at Mandaloya; the College of Yalladolid, in Spain: the 
College of Sta. Maria de la Vid, in Spain; the Royal Monastery of 
Escorial; the Royal College of Escorial; the hospital in Barcelona; 
the College of Palmi di ]SIallorca, in the Baleares Islands; a represent- 
ative at Madrid and at Rome. 

The order numbers a total of 644 members. 


The Dominicans arrived in the Islands in June, 158T. The Pro\nn- 
cial has his residence in Manila. 

The order administers the cure of souls in the provinces and districts 
of Manila, Cavite, La Laguna, and Bataan, in the archbishopric of 


Manila, and Pangasinan, Tarlac, Cagayan de Luzon, Isabela de Luzon, 
Nueva Vizcaya, Itaves, Apayaos, Binatangan, Cayapa, Quiangan, 
Batanes Islands, and Babuyanes, in the diocese of Nueva Segovia. 

The corporation has establishments in China, Formosa, and Tonquin. 
It has in the Islands and in the Peninsula the following convents and 
colleges: The Convent of St. Domingo, in Manila; the Royal and Pon- 
tifical Convent of St. Tomas, at Manila; the Convent of San Jos6, at 
Manila; the College of San Juan de Letran, at Manila; the College of 
St. Alberto Magno, in Dagupan; the vicarship of San Juan del 
Monte, at Manila; the vicarship of San Telmo, in Cavite; the Col- 
lege of Sta. Cataline de Sena, in Manila; the College of Our Lady 
de Rosario, in Lingayen; the College of Sta. Imelda, in Tuguegarao; 
the College of Our Lady de Rosario, in Vigan; the College of Sto. 
Domingo, in Ocana, Spain; the College of St. Tomas, in Avila, and 
a Provincial at Madrid. 


The Recoletos came to the islands in 1606. 

The Provincial has his residence at Manila. They exercise the cure 
of souls in the provinces and districts of Manila, Morong, Cavite, 
La Laguna, Batangas, Pampanga, Tarlac, Bataan, Zambales, and Min- 
doro, of the archbishopric of Manila; Romblon, Negros Oriental, 
Negros Occidental, Calamianes, and La Paragua, in the bishopric of 
Jaro, and Cebu, Bohol, Misamis, and the Marianas Islands in that of 
Cebu. The order has the following convents and colleges: 

The convents of Manila, Cavite, Cebu, Imus, and three colleges in 
Spain, and an apostolic commissary -general at Madrid and Rome. It 
numbers altogether 522 members. 


The Franciscans established themselves in the Archipelago in 1577. 
The Provincial resides at Manila. The order exercises the cure of 
souls in the provinces and districts of Manila, Bulacan, Nueva Ecija, 
Morong, Laguna, El Principe, and La Infanta in the archbishopric of 
Manila; Tayabas, Ambos Camarines, Albay, and Burias in the diocese 
of Nueva Caceres; Samar and Leyte in that of Cebu, and La Isabela 
de Luzon in that of Nueva Segovia. 

The order has in the Archipelago, the Peninsula, and Italy the fol- 
lowing convents, colleges, hospitals, and residences: 

The Convent of Manila, the Convent of San Francisco del Monte, at 
Manila; the Royal Hospital of St. Lazaro, in Manila; a residence and 
church at Sampalog; the Hospital of St. Pascual, Bay Ion, at Manila; a 
residence and church at Manila; the Infirmary of Santa Cruz, in 
Laguna; the Hospital of the Lazarinos, in Ambos Camarines; the 
Royal Monastery of Santa Clara, in Manila; the College at Guinoba- 


tan, Albay; the College of Pastrana, at Guadalajara, in the Peninsula, 
colleges at Toledo, Avila, Ciudad Real, Cuenca, Rome, and a residence 
out of Madrid. 

The corporation numbers 475 men and 34 women. 


This order came to the islands in 1886, and established its central 
mission at Manila. The Provincial Superior resides in Spain, and 
administers the three provinces of Toledo, Aragon, and Castile. 

In the Archipelago there is a Superior who has charge of the mis- 
sion house of Manila, and the missions of both Carolinas and Palaos, 
which is where the ministry of the order is exercised. 

The established missions are the following : 

The central mission at Manila; the mission at Yap, in the eastern 
Carolinas, with residence, church, and school in the towns of Sta. 
Cristina, San Francisco de Quror, Torn, and Sta. Cruz; and with visit- 
ing missions in Malay, Fara, and Aringel. 

The corporation has a Procurador-General. 

The order has 36 members in the Philippines. 


The Benedictines came to these islands in September, 1895. They 
have a central mission in Manila; the Provincial resides in Spain. In 
the Archipelago they have a Superior, who has charge of the central 
mission at Manila, of some parishes in the district of Surigao, and a 
colonj^ is in process of being founded in Mindanao. It has a college 
in Catalonia. The order numbers 14 members in the Philippines. 


This society went to the Philippines in 1581 and commenced to exer- 
cise its ministry in the Archipelago, where they established a station 
which lasted until the year 1768. After an interregnum of ninetA^-one 
years, in 1859 the society returned to the Archipelago and founded a 
central mission at Manila and took charge of the cure of souls in the 
districts of Zamboanga, Surigao, Davao, Cottabato, Basilan, part of 
Misamis, and Jolo. 

The society has under its charge in the Archipelago the following 
establishments: The Central Mission of Manila, the Municipal Athe- 
neum of Manila, the Normal School of Manila, and the Observatory 
of Manila. It has a Procurador-General in Madrid and various col- 
leges in Spain. The society numbers in the islands 164 members. 


The Paulists came to the Islands in 1862 and established a mission of 
Filipino women, depending on the Congregation of St. Vincent de 


Paul of Spain. They have establishments in Manila and colleges in 
Nueva Caceres, Cebu, and Jaro. They also exercise the direction of 
the society of the Sisters of Charity at Manila, and at various other 


The Sisters of Charity arrived in the Archipelago in 1862, and took 
charge of education in various colleges for girls, and controlled the 
assistance of the sick in the greater part of the hospitals of the Islands. 
They now control the following establishments: The College of Con- 
cordia, the municipal school for girls in Manila, the College of Sta. 
Isabel, the Convent of Sta. Rosa, the Asylum of St. Vincent de Paul at 
Manila, the College of Sta. Isabel in Nueva Caceres, the College of St. 
Jose of Jaro, the military hospital of Manila, the hospital of San Jose, 
the hospital of St. Juan de Dios, the marine hospital of Canacao, the 
hospital of St. Jose in Cavite, the House of Charity in Cebu. 

There are four other corporations of a charitable and religious char- 
acter which do a great deal of charitable work, but it is not necessary 
to enumerate them here, as they are not considered to be of the same 
character as the religious orders above mentioned. 

A complete separation of church and state should be inaugurated in 
the Philippines as elsewhere in territory under American rule. The 
profession of priest or clergyman should not confer any special right 
to hold civil office. 


The Commission was much besought at Manila to procure the enact- 
ment of a new law of registration. There was enacted in Spain, June 
17, 1870, a law of registration. Up to that time births, marriages, 
and deaths had been registered by the parish priests. The\" charged 
for one cop}^ $1 ^ — 25 cents for the paper which they used and 75 cents 
for making out the certificate. The clergy opposed the adoption of 
the law of registration, which provided that births, deaths, and mar- 
riages should be registered before justices of the peace. The fees 
provided in the Spanish law were much smaller than those charged 
by the clergy. For instance, in recording deaths the fee for the jus- 
tice of the peace was 1 peseta (20 cents) and for births and marriages 
and registration as a citizen the fee was also 1 peseta, and for every 
copy of the record one-half peseta was charged. The clerg}^ had 
influence enough to prevent the adoption of the Spanish law in the 
Philippines, so that registration had continued to be done by the par- 
ish priests. All births and deaths were required to be registered; no 
person could be baptized unless he was registered; all baptisms, mar- 
riages, and deaths were required to be recordsd in the books of the 
parish priests. There was therefore a considerable amount of fees 
collected by the priests and they were unwilling to give them up. 
There is a very great popular demand for the enactment of new regu- 
lations on this subject. It is not necessary, however, to provide an 
entirely new system if the existing Spanish law be adopted. We 
advise that immediate action should be taken on this subject by the 
military authorities, which action may afterwards be reviewed by any 
civil government which is established. It is a matter which concerns 
the customs and habits of the people, and under our system of gov- 
ernment registration should be confided either to justices of the peace 
or to one or more clerks of the courts. 

Where registration exists in America it is believed that the duty is 
performed by the clerks of the various courts. Under the Spanish 
law the justices of the peace are required to keep books after forms 
which are prescribed in the law. In Spain, since the p assage of the 

1 Unless otherwise stated Mexican money is meant. 



law of registration, entries in the books of the parish priests have no 
official character. It is believed b}^ competent persons whom we have 
examined on this subject that the best thing to be done would be 
simply to adopt the Spanish law, which requires justices of the peace 
to register all births, deaths, and marriages. This arrangement would 
not cost the Grovernment any money, for under this law the justices of 
the peace have certain fees which they collect, and the law provides 
that they shall first pay the expenses of registration out of these fees. 
It is the opinion of competent persons that the fees for these services 
should be very small. 


The question of the validity of marriages performed by other per- 
sons than the parish priests has been much discussed in the Philippines. 
There have been many marriages of American citizens between them- 
selves and of Americans to Spanish and Filipino women. The subject 
is of vast importance, involving, as it does, the legitimacy of issue and 
the validity of marriage. The law of marriage in the Philippines is a 
canonical law and nothing else. When a man wishes to get married 
he goes to the parish priest and the parish priest examines the woman 
and finds out whether she wishes to marry the man and what her race 
is — whether Spanish, Mestizo, Chinese, or any other — and then ascer- 
tains whether the fathers of both parties are willing that the marriage 
should be solemnized. The law which is in force in Spain and also 
in the Philippines in regard to marriages of natives, Spaniards, and 
Spanish half-castes, is that they can not marr}^ without the consent of 
their parents or familj^ unless they are 23 years of age; but this is 
not true in the case of Chinese Mestizos, who can marry at the age of 
16 without the family's consent. This applies to both sexes. This 
privilege of the Mestizo Chinese, which was granted by the Pope 
had this object in view: The increase of this race, which is the race 
considered to be the most industrious. The priest then finds out if 
there is any impediment to the marriage and if he finds none he calls 
the banns openly in the church for three Sundays, and if no one makes 
any objection to the marriage the contractants are allowed to marry 
on the day following the third Sundav. 

On the day for the wedding they take two witnesses, a man and a 
woman, who go to the church with them, and the priest reads a por- 
tion of the Scriptures and makes a short address, giving advice, and 
inquires of the witnesses if there is any objection to the marriage, 
and if there is none the ceremony is performed. The ceremony is 
usually performed just before mass, and the groom pays the fee both 
for the marriage and the mass which follows. This money all goes to 
the church and not to the state. There is no license required. The 
state does not intervene in the matter at all. The marriage is pui'ely 


under canonical law. An entry is then made by the parish priest 
or his deput}' in the parish register and signed by the witnesses, and 
whenever a copy is taken from it such copy is an official document. 
There is no civil marriage in addition to the canonicral marriage. 

In 1889 the Civil Code was published in the Philippines, and the peo- 
ple immediately began, after having been married in the church, to 
have a civil marriage performed. This did not please the clergy, and 
they used influence with the Colonial Minister and had him suspend 
the operation of the civil law in the Philippines. The civil law pro- 
vided for two marriages, one in the church and one before a justice 
of the peace, but the marriage before the justice of the peace was not 
a true civil marriage, it was nothing more than a registration in the 
presence of a judge. 

If the Spanish law is to be adopted the law of 1869 should be retained. 
That is a law of liberty in religion with reference to marriage, and 
under that law marriages could be performed without inconvenience 
to an}" believers in the difi'erent creeds or religious sects which pre- 
vail in the Philippines. It is understood now that the parish priests 
will not marry anyone except Catholics. Protestants would have to 
be married by a Protestant clerg3'man. As the civil code is not in 
force there is no existing law under which a Protestant clergyman can 
perform the ceremony of marriage. There is no legal mode by which 
Protestants can enter into the marriage relation. We inquired whether 
if a man took a woman and lived with her as his wife, had children by 
her, introduced her into society as his wife for a number of years 
publicly, the courts would hold that such circumstances made her a 
lawful wife. We were told that society might accept such a woman 
as a lawful wife, but in case any question arose in the courts they 
would not consider her to be his wife unless she could produce a copy 
of the parish register as above stated, and she would not have any 
civil rights regarding the property of the man with whom she had lived. 
It is therefore a matter of great urgency that regulations should be 
put in force by the military authorities, if they have the legal right to 
do so, which is not doubted, providing for the performance of the 
ceremony of marriage. In the United States generally marriage may 
be performed by every justice of the peace, every judge of a court, 
and every minister of the gospel of any church. A license must first 
be procured from the county clerk. 

The witnesses before us were asked what system they recommended 
for the Philippines. One of the most intelligent of them stated that 
it was his opinion that there should be practically established in the 
Philippines the law of 1869, prepared by Montero Rios. The reasons 
given for his preference for this law was that it treats all religions 
alike and does not give special privileges to the members of any 
church. By its terms persons who wish to be married shall give notice to 


the municipal judge of the district where they have their domicile. If 
both the contracting parties live in the same district the}^ shall apply 
to the judge of that district, but if they live in two diflferent districts 
they may apply to the judge of either district. This notice shall be 
given to the judge in writing in case both parties are able to write, 
and if not it may be signed by some other person. The judge then 
interrogates both parties in regard to this written notice which has 
been given, and if they both justify the written notice he shall pub- 
licly post on the doors of the court a notice of their marriage, which 
shall contain a clause asking all who know of any impediment to their 
marriage to bring it forward. This notice shall be put up twice for 
a term of eight days, in all sixteen days. If one of the contracting 
parties lives in another town or another province a copy of this 
notice shall be posted on the door of the court-house of the said town 
or province. If the contracting parties are foreigners or have not 
lived two years in the country they shall produce a certificate from 
the authorities of their own country showing that they are both single. 
In case one of the contracting parties is at the point of death these 
certificates shall not be necessary, but the marriage may take place at 
once without the necessary publication. In case of military men the 
certifications of the chief of the body to which they belong shall be 
sufficient. In case anyone raises objection to the marriage of either 
part}^ for an}^ cause whatever the person so raising the objection shall 
present a complaint, and this complaint shall be brought before the 
Promotor Fiscal of the court. The marriage shall be performed by the 
justice of the peace in the presence of two witnesses. 

The justice of the peace or the municipal judge shall not perform 
the ceremony of marriage while any opposition to the marriage is 
pending. The ceremony shall not be performed until the objection is 
investigated and either allowed or disallowed. The contracting par- 
ties shall produce certificates of birth, and shall also, at the time of 
the marriage ceremony, produce certificates that no objection has been 
made to their marriage; and if they be minors they must also produce 
certificates of their fathers and mothers giving consent to the marriage. 
In case of orphans they must produce documents from their guardians 
or from their families certifying that they give consent to the mar- 
riage. If the notices of marriage are posted in the towns where the 
contracting parties live, or in two separate towns, and six months pass 
without the marriage having taken place, the marriage shall not take 
place without a notice of marriage being posted for another sixteen 

This law was never put into operation in the Philippines. 

The process in force as to the application of laws passed in Spain to 
the Philippines has been described to us as follows: The laws coming 
from Spain were some of them decrees passed in conjunction with the 


cabinet; others were laws dictated by the congress and the senate in 
Spain. When a law was passed in either of these ways the Colonial 
Minister got out a royal order, which he sent to the Governor- 
General at Manila with instructions to appl}^ it to the Philippines. The 
Governor-General having received the law, if he saw fit, issued an 
order for its immediately taking effect, but if for any reason whatever 
he did not see fit to put the hiw in force he wrote across the bottom that 
it should be published but should not be put in force, and it was then 
put in the archives; and afterwards he sent a report and gave his rea- 
sons for not putting the law in force at once to the Colonial Minister. 
It usuall}^ happened that when the Governor-General objected to put- 
ting the law in force nothing more was done with it. It so happened 
with regard to the law of 1389., and the parish priests continued to per- 
form exclusively the marriage services. The action of the Governor- 
General in this particular case was taken at the instigation of the 
clergy. This interference of the clergy with the conduct of the Gov- 
ernment was common. 

The same course of action was taken with regard to the Penal Code, 
which was suspended so far as it related to crimes committed by eccle- 
siastics. The question was referred to IVIadrid and the inquiry was 
made whether or not the Penal Code did apply to crimes committed by 
ecclesiastics, and up to the present time the question has never been 

It is perhaps unnecessary for us to express preference for any par- 
ticular law regulating marriage. The law of Spain, of which we have 
given an outline, would suit the condition, habits, and customs of the 
Filipinos. Possibly, however, the ordinary marriage laws which pre- 
vail in most of our States would accomplish every desired purpose. It 
is understood that by an order of the military governor, issued at 
Manila in December, 1899, the text of which has not yet reached the 
Commission, suitable measures have been adopted. 


Until the mint was established in Manila in 1867 the Philippines had 
no money of their own. 

After the coming of the Spaniards in the sixteenth century, the 
mone}' brought by them from Spain, and mone^v from China and 
neighboring countries, which was brought by traders, have been in cir- 

To supply the lack of fractional currency the coins were cut into 
different pieces. This custom existed before the coming of the Span- 
iards, as is shown, as well by history as b}^ the names given to the 
pieces. The rupee was the original monetary unit. Tagalog names 
were given to it and its parts, and the same names were continued as 
applicable to the Spanish dollar. 

In 1764, and afterwards in 1878, decrees were issued prohibiting the 
circulation of counterfeit money and ordering that cut money should 
be stamped, but these decrees were never efficacious. 

Money has nearl}^ always been scarce in Manila. When monej^ was 
abundant it was shipped to the provinces. Its price varied according 
to abundance or scarcity. 

In 1799 the Governor-General prohibited the exportation of money, 
and fixed the value of the peso at 8 reales and the real at 17 cuartos. 
The payment of premiums was also prohibited. During the insurrec- 
tion of the Spanish colonies in America coins came to the Philippines 
from the new republics, and their circulation was authorized in 1828, 
and they were stamped at Manila. 

During the first half of the present century the Philippines suffered 
from a varied and continued monetarj^ crisis. The money in circula- 
tion was of different coinages and the fractional currency was of 
different systems. The difficulty in adjusting accounts was enormous. 

Counterfeit mone}^ and coins that had been tampered with were 
common. Not only were silver coins in circulation, but gold was 
abundant in the shape of Spanish coins and coins of the new South 
American Republics. The gold coins were worth 16 pesos. In 1837 
an order was issued abolishing the stamping and restamping of for- 
eign coins, but allowing coins already stamped, and others which 
were not stamped, but which were in circulation, to circulate. 



At the same time copper coins came from Spain, and an order was 
issued that 20 cuartos should be counted as 1 real. 

There was not enough silver for the needs of the peoph-., but gold 
money was very plentiful, and it sometimes suffered a discount of 33 
per cent of its value. 

Until 1857 the greatest confusion existed in the counting houses of 
public officials, some keeping their accounts in pesos, reales, and 
cuartos, and others in ounces, pesos, reales, granos, and cuartos, and 
others in pesos, reales, cuartos, and maravedis (the smallest Spanish 
coin). On the 17th of January of said year, in order to put an end to 
these confusions, a decree was published to the effect that the accounts 
should be kept in dollars and cents, but unfortunately the copper 
money which was in existence there, which to-day is current in the 
Philippines only, was the cuarto, which can not be estimated as a cent, 
for while there are 100 cents in the peso there are 160 cuartos. 

The coins which were in circulation then were the following: 

Ounces worth $16, both Spanish and from the republics of South America. 

Hah' ounces from the same source. 

Coins of $5, Spanish, of the time of Isabel II. 

Spanish coins of $4, |2, and $1. 


Coins of 1 peso or similar value from everywhere, but principally from Spain, 
Austria, and Latin America. 

Coins of a half dollar, which were called 10 reales (vellon), or 50 cents; or 4 reales 
(fuertes) . These came from Spain and America. 

Coins of 1 and 2 reales called "columnarias," because besides the shield of Spain 
they bore the columns of Hercules. These were of value of 1 and 2 reales (fuertes) . 

Spanish coins of 1 peseta of the value of 1 real, and 12 cuartos, or 32 cuartos. 

Coins of the half real (f uerte) . 

The true crisis which did severe damage was caused by gold, for 
there came a time when there were no other gold coins than the ounces 
worth $16. In order to remedy this evil there was decreed by Spain 
the establishment of a mint which should coin money according to the 
provisions of the following document: 

[Royal decree of September 8, 1857. Office of the first secretary of state, colonial department. 

No. 202.J 

Your Excellency: The Queen (whom God guard) has seen fit to issue the fol- 
lowing royal decree: Considering the information given me by the state department 
and the colonial department, and with the approbation of my cabinet of ministers, 
I decree as follows: 

Article 1. The gold ounces from the Spanish-American republics which are in 
circulation in the Philippine Islands, and which are held in royal treasuries, in com- 
mon treasuries, in the treasuries of the departments of rents and property, in chari- 
table and similar departments, shall be reduced, according to their value and weight, to 
"doubloons" of 80 reals "vellon " of Spanish coinage, and to "shields," or coins of 
40 and 20 reals "vellon." 


Art. 2. The same change shall be made with gold ounces which private parties 
may voluntarily present, and their value shall be paid to the owners in doubloons 
and coins of the ounces which they may hand in. 

Art. 3. These doubloons and shields shall be 0.875 fine, with one-quarter of a 
grain or 0.0026 margin. 

Art. 4. The doubloon or coin of 80 reales shall weigh 135^^ grains, of a fineness of 
118/ 17th grains. The coin of 40 reales shall weigh 67yf- grains, of the fineness of 
59x7- The coin of 20 reales shall Aveigh 33}f grains and shall be of a fineness of 29}}. 

Art. 5. The difference in weight of coins of the denomination of 80 and of 40 
reales shall be three-fourths of a grain for the former and one-third of a grain for the 

Art. 6. Each mark or weight of 8 pounds of gold, according to law, must produce 
34 coins of the denomination of 80 reales, or 68 of the denomination of 40 reales, or 
one thirty-sixth of the denomination of 20 reales, an allowance of 6 grains for each 
mark or 8 pounds weight being granted. 

Art. 7. The new coins shall bear upon one side a bust of my royal person, with the 
motto "Isabel Segunda por la gracia de Dios y la Constitution," and below the year 
of its coinage, and upon the reverse side the shield of Castile and Leon, with the 
motto "Reina de las Espanas," and below the word "Filipinas," and at the side of 
the shield the respective value of each coin in reales "vellon." 

The mint began to operate in Manila on the 19th of March, 1861, 
making nothing but gold coins of the value of $1, $2, and $1. That 
same year a royal decree arrived ordering that coins of silver from 
the South American Republics should be taken up and that coins of 
50, 20, and 10 cents should be minted from them. 

In 1874 an order was issued to buy silver to the value of $100,000 in 
order to coin fractional currency. 

It is impossible to ascertain the quantit}^ of gold which the mint 
coined, but probably it was more than $20,000,000. 

In 1875 gold coins were abundant in the Philippines, exchange on 
London being quoted at 4 shillings and 4 shillings and 6 pence. In 
1876, July 24, a decree of the colonial office appeared in the Official 
Gazette in Manila which changed the relation of the two metals to 
each other. 

This decree is as follows: 

Gazette of Manila, Manila, July 24, 1876. 
This document is issued in order to find out whether or no it is a fact that Mexican 
silver, vulgarly called "eagle money," is received in official circulation for its full 
value. Varying information upon this point has been received from the general 
treasury, the mint of this capital, and the general treasury of internal affairs. From 
the acts, a copy of which accompanied the communication from the last-named office, 
and from information given in this communication, it appears that the free circulation 
of silver coined in the Spanish-American republics has been authorized since very 
early times and that in consequence of this measure money from these sources was 
in circulation in considerable quantities, and especially Mexican money. The result 
was that, far from causing disturbances and losses to private parties and to the state, 
the existence of said money in the islands facilitated the operation of mercantile 
transactions, preventing at the same time the money changing which the exportation 
of this metal, caused by the higher price quoted for it in the markets of China, after- 
wards caused. 


According to the statement of the managers of the mint, Mexican dollars in good 
condition when coined into Filipino dollars render a surplus of from 2 to 2k per cent 
over our money, and it appears that although the mint of this capital has coined 
about $1,000,000 in 50, 20, and 10 cent pieces, and although considerable (juantities 
of money have been received from the Peninsula in copper, silver is still sought in 
preference to gold. Both on account of the facts mentioned and in consequence, not 
stated in this document, which go to show and justify the fear that a crisis may be 
undergone in the islands on the c(jntinuation of the circulation of said silver, the fol- 
lowing orders are issued upon the matter: 

This office of general control, with reference to the facts stated, resolves: 

That as heretofore general and provincial treasuries shall continue carrying out the 
provisions of the proclamation of March 31 , 1837, and the order of the superior gov- 
ernment and Captain-General of the islands, dated September 29, 1845. 

(These decrees allowed the circulation of Mexican silver.) 

The publication of this decree offered easy methods of changing for 
Filipino gold at par the silver Mexican dollars, which, in agreement 
with the change in the price of the metal, have been decreasing in 
value outside of the Philippines, There was no other business so 
good, for it dealt with a commodity whose value was known and 
secure in the Philippines, as was also its sale. So it was that shortly 
afterwards gold coin became scarce and the public found it very incon- 
venient to count and transport the bulky silver coin. 

About a year afterwards another director of hacienda named Carre- 
ras E. Gonzales called to the attention of the Governor-General the 
fact that the financial situation of the country was very serious for the 
monetary system, and he advised to take up as rapidly as possible the 
money in circulation and to recoin it in na clonal money and prohibit 
the circulation of the Mexican dollar. 

The Governor-General, seeing the importance of the proposition, 
issued the following decree: 

Taking into consideration the reasons set forth by the department of internal affairs 
upon the advisability of putting a limit to the circulation of Mexican silver coin 
because of the serious disturbances which it is producing in the money market and 
in conformity with the advice of the council of authorities and the cabinet of admin- 
istration in full session, I issue the following decree: 

Article 1. From this date and until further notice the introduction into the islands 
of any kind of foreign coin is suspended. 

Art. 2. Quantities of said money sent for to foreign nations in the course of business 
before the publication of the present decree are excepted from the operation of the 
preceding article. Those interested shall within the term of twenty-four hours hand 
into the department of internal affairs a statement of said (juantity sent for, duly 
certified in the judgment of said department. 

Art. 3. Mexican silver coin at present in circulation in the islands, by virtue of 
the decree of the department of internal affairs dated July 24, 1876, shall contmue 
as heretofore to be received as legal money in the country. 

Art. 4. The recoinage of said coin in the mint of Manila shall be proceeded with 
immediately and with all possible activity, and said coin shall be made into Spanish 
coin in the shortest possible time, after which said Mexican coin shall not be legally 
recognized as in circulation as silver coin, but shall be considered as bullion and 
taken for its intrinsic value. 
S. Doc. 138 10 


Art. 5. All provisions contrary to the present decree are hereby repealed. This 
decree shall be published in the Gazette, notice of it shall be given to the govern- 
ment of his Majesty, and it shall be returned to the department of internal affairs 
for its fulfillment. 

Manila, March 20, 1877. 

The same Director Carreras proposed to the Governor-General to 
make a reduction in the law concerning Filipino coin, which called for 
a fineness of 0.900, and his proposal was to make it 0.835, Avhich was 
the fineness of the Spanish coin, with the idea of preventing its going 
out of the islands. The General, following the advice of the Director, 
issued a decree, dated March 23 of the same year, 1877, that silver 
coin which should be coined in the mint of Manila should have a fine- 
ness of 0.835 instead of 0.900, as was the case before. 

Nevertheless this measure did not take effect because the govern- 
ment of Madrid did not see fit to approve it, basing its refusal to do 
so upon the fact that it did not have suiEcient information on the sub- 
ject, and that it was a serious matter to change the law concerning a 
coin without previously knowing the reasons therefor existing in 
Manila in detail and thoroughly. 

After various letters and recommendations had passed back and forth 
between the Philippines and the home government, finally on the 23d 
of November, 1880, the order was issued to coin the following coins 
of the fineness of 0.835 as the Governor-General wished, namelj^, a 50- 
cent, 20-cent, and 10-cent piece. Meanwhile the value of the Mexican 
dollar decreased from day to day. 

In 1884 gold coin had entirely disappeared. 

The mint and the treasury flourished in the process of recoining, and 
to increase these benefits of the state an order was issued that all the 
dollars of ancient Spanish coinage, which were rich in fine silver, 
should be turned into the treasury, and with these money of the fine- 
ness called for by the law— that is to say, 0.836, were coined, which 
produced a profit of 10 per cent. 

While gold coin had disappeared fractional silver coin at the same 
time became worse in qualitj^, so that to the lack of gold were added 
the evils of a debased silver currency. 

In 1897 the Government of Madrid resolved to send to the Philip- 
pines a coin of silver of the value of $1, under the same law which 
governed the piece pf 5 pesetas in the Peninsuhi. This coin came to 
Manila, and naturally did not change the price of exchange in the 

It was still more advantageous to get exchange on London from 
Manila than from Hongkong. The chief reason for this was that the 
balance of trade was in favor of the Philippines, owing to their expor- 
tations, and, secondly, that there was an artificial scarcity of silver in 
Manila; but in 1883 and following years the Spanish treasury sent all 


its Mexican dollars to the mint in the islands, and they were made into 
coins of 50, 20, and 10 cents, thus increasing the volume of money and 
lowering its qualit}'^, so that exchange on London was practical!}^ the 
same as from Hongkong. The Spanish appreciated the monetary con- 
dition but did nothing. 

Copper has never been coined in Manila, and there has always been 
a need of coins of this metal. Shortly before the coming of the fleet 
of Admiral Dewe}' copper coins of five and ten hundredths of a peseta 
were received from Spain, as one and two hundredths of a dollar, but 
they were immediately exported, as might have been foreseen, for, 
while they circulated at par, exchange on Spain was 25 per cent 

The result of what has been shown is as follows: 

First. Manila has a mint which has been in operation since the year 

Second. Said mint made coin peculiar to the Philippines, which were 
the gold dollar, in coins of $1, $2, and $4 gold; and silver coin in frac- 
tional currency of 50, 20, and 10 cents. 

Third. That in 1876 the circulation of Mexican silver money of $1 
at the same value as the Philippine gold dollar was authorized. 

Fourth. That on account of the persistent decline of the value of 
silver the Mexican dollar was of less value each daj^ outside of Manila, 
but of equal value within Manila, as compared with the value of gold. 
From this it came to pass that gold was purchased with the Mexican 
silver until all the gold coin left the country. 

Fifth. That officiall}'^ the same value which the gold dollar possessed 
has always been given to the Mexican silver coin. 

At this time the Philippines are on a silver basis. The American 
cent passes for two cents, the nickel for ten cents, and so on up to the 
dollar, which ordinarih^ passes for two Mexicans. 

Prices still remain fixed in Mexican dollars, but payments are made 
indifferent^ in American or Mexican dollars at the value stated. An 
American soldier dines at a hotel, lays down in payment an American 
dollar and gets a Mexican in exchange, whose intrinsic value exceeds 
that of the dollar which he paid. 

We have examined many bankers, business men, and professional 
men on the question of the currency. 

A gold man has made before us the following argument : 

The quality of the articles imported has become Avorse, and to-day cloth, metals, 
provisions, etc., are received which are of inferior quality, in order that they may be 
sold as cheaply as possible. As the quality is inferior, the lasting qualities of said 
articles are also less, and the result is an enormous injury to public economy. At 
the same time the sale of imported articles has diminished, because the money of the 
buyer is used in small purchases on account of the high price of the articles. The 
argument used in favor of silver by certain merchants is absurd. They say that the 
exporter using a money of an inferior value receives a greater quantity of it than if 


it were money of more value. It is true that a man who receives a dollar in copper 
money receives a greater number of coins than he who receives a silver dollar, but 
still he does not possess more than one dollar. What difference does it make that 
the Philippines receive more Mexican dollars if the buying power of the Mexican 
dollars is always relative to the gold dollar and so much less? 

Furthermore — and this is a reason which does not appear to have been taken into 
account — the low price of a coin would be of advantage if it fluctuated, and its value 
would soon increase, for after a large sum of money of a low value had come in this 
sum would be beneficial if the price of its metal should rise soon. This has not 
occurred, and, on the contrary, each year the value of silver has diminished, so that if 
the Philippines have one year $40,000,000 in Mexican dollars which are worth 
$20,000,000 in gold, in the following year these same $40,000,000 would be worth 
only $19,000,000 in gold, and soon but $18,000,000. What, then, has been the advan- 
tage of silver money? None is apparent, and it is urgent that we have in the Philip- 
pines a money of stable value. 

There is no remedy for this defect but to possess gold and to always calculate in 
gold, but, this being true, this question arises : What value shall be given to silver in 
relation to gold — 16 to 1, as in America, or 32 to 1, as in Japan? 

Japan has labored with great judgment to fix the ratio of silver to gold at 32 to 1, 
for this is approximately the natural value at this historic time, and because Japan, 
which has always been a silver coimtry, was not fitted to adopt any other ratio, for 
its only object in making gold coin was to fix the value of its money and to give it 

The Philippines are in different circumstances. This is a gold country without gold ; 
a country whose monetary system is based upon gold and in which the proportion 
of 16 to 1 has been preserved oflicially. 

The most of the old merchants, the bankers, and the natives favor 
the retention of the silver currency as it is at present. 

Their arguments are rather practical than scientific. 

When some of these witnesses came to Manila the gold currency 
existed. Silver dollars, as has been shown, then circulated, and they 
were greatly increased by smuggling. Gradually silver supplanted 
gold, and the latter metal disappeared in 1880. The currenc}^ has been 
regulated by exchanges on London. The rates went down year b}^ year 
until a silver basis was reached, and this condition has existed more 
than ten years. The natives are now accustomed to silver; all the 
capitalists value their propertj^ in the currenc}^ of the country. These 
witnesses say that the wealth produced here is entirely, from the soil. 
There are no manufactures or an}^ other interests except purely agri- 
cultural ones. There has been no appreciable change in the value of 
the silver dollar. Wages have been slightl}^ increased. There has 
been some increase in the cost of living, but that may be attributed to 
other causes than the depreciation of silver. Of course, the price of 
imported clothing has increased, but the natives wear little clothing. 
Prices of exported articles fluctuate with home markets. 

The idea of these witnesses is that gold has appreciated. The 
natives secure better prices for their products. Thej^ get more dol- 
lars than they did before, and they look at the number of doUars onl}'. 
The competition in business is so great that the exporter makes only 


a small Commission. The advantage of higher prices for products 
goes to the native. The universal opinion is that lower exchange has 
benefited business. If a sugar grower can sell his sugar for «.5 a picul 
he is a wealthy man. A picul is 140 pounds English, and 133 pounds 

These gentlemen say that the existing currency is the best for the 
islands unless the United States should coin a dollar of the same weight 
as the Mexican and allow it to circulate as a dollar. 

The preponderance of the proof before us is that the agricultural 
people would not be satisfied to receive fewer dollars than thev now 

The Commission does not see its way to recommend any sudden and 
arbitrary change in the currency. 

As has been stated, the American dollar, both in metal and paper, is 
winning its way to public recognition. The time will probably come 
when it will supplant all other money. We would leave the question 
to' be solved by time. 

Our attention has also been called to the fact that these islands have 
extensive trade relations with China and other silver-using countries, 
which might be embarrassed by a return to a gold basis. 

There is a great deficiency of copper coins here, as well as of sub- 
sidiar}" silver coins. The cent, the nickel, the 10-cent piece, the quar- 
ter, and the half dollar should be largely put in circulation. 

There should also be an American bank at ^lanila. There are three 
banks here now, the Hongkong and Shanghai Banking Corporation, 
the Chartered Bank of India. Australia, and China, and the Filipino- 
Spanish Bank. The latter alone issues notes in the Philippines. 

The Filipino-Spanish Bank has the power to issue ^.500,000 in 
paper. It never issued but 81.522,350 at Manila and S25!>,T0O at Iloilo. 
where it has a branch, a total equivalent to 88U1,020 gold. Of this 
amount it is probable that $400,000 has been lost. 

Above all other countries paper is needed in silver countries for con- 
venience in trade. The amount in circulation here is plainW too small. 
The pay department has put in circulation more than §500,000 in notes, 
but this money does not remain at Manila. The English banks send 
it to the United States by mail, paying one-fourth of one per cent 
insurance, and small sums for postage and registration. 

We conclude that no legislation on the currency question is neces- 
sary, except to establish a bank or banks. 



The Chinese have immemorially traded with these islands. Their 
relation with the islands existed before Spanish dominion was estab- 
lished. Their commercial transactions were first conducted exclusively 
in boats, which were often looted bj'^ the natives. 

Legaspi founded Manila in 1571, and soon commenced to protect 
the Chinese against violence. In 1585 they were already located in 
the islands. When the Chinese became able to live safely in the 
Philippines and to do business with the natives they began to immi- 
grate in greater numbers. As the nmnber of the Chinese was contin- 
ually increasing, and as it was necessary for the security of the colony 
to segregate them from the rest of the population, a large building, or 
market, with numerous habitations, was built for them as a measure 
of governmental polic3^ This market was called "The Market Place 
of San Fernando," and it served as a home for the Chinese. They 
participated in all kinds of manual labor, as well as in the retail trade 
of imported goods and in the sale of small manufactured articles. 

They made good profits, and in a few years the market place, which 
was theirs exclusively^, proved too small to accommodate all who came 
from China, and another building, called "The Parian," was con- 
structed for a like purpose. The Chinese immigration kept on grow- 
ing in numbers and became a sort of invasion, and the time came when 
the two places designated for their segregation were insufficient to 
accommodate them. 

In the middle of the seventeenth century there were some 30,000 
in the neighborhood of Manila. At that time thej revolted against 
the Spanish Government and for some da3"s besieged Manila. After 
various futile attempts thej^ were convinced that they could not con- 
quer in the Philippines and finally withdrew, raising the siege, and 
then they were pursued to a point behind Cainta and slaughtered in 
great numbers without pity. As a result of this revolt against the 
sovereignty of Spain in the Archipelago greater restrictions were 
imposed on their immigration. In spite of these restrictions the 
Chinese colony gained in strength what it had lost in extent, because 


these restrictions gave the Chinese the undeniable right to manage 
their own commercial affairs and enabled them to always corrupt the 
administrative element in the Philippines. 

In 1755 all non-Christian Chinese were ordered to be expelled, but 
before the day arrived for their expulsion, June 30, 1755, man}^ had 
become Christians and many others were studying the mysteries of 
the faith. Two thousand and seventy were banished from Manila. In 
the time of Don Simon de Anda (1762-1764) it is calculated that some 
8,000 died in the central provinces of Luzon, who were exterminated 
in those towns by the order of their Governor-General, only those 
who lived in Manila and its suburbs remaining alive. As a conse- 
quence of this anti-Chinese campaign, many of them who survived 
these assassinations emigrated to their own country, and the num- 
ber of Chinese established in these islands diminished little by lit- 
tle. It is noteworthy that the diminution continued until from 
1810-1846 when there were only 5,000 in aU the Philippines, a small 
number as compared with other times. Among these 5,000 were 500 
natives of Macao, who devoted themselves exclusively to the trades of 
cooks, shoemakers, and cabinetmakers. We may note a curious detail 
that the natives in Macao have always been completely separate from 
the other Chinese and that up to the present time they have always 
had better public and private customs than the others, and that as 3'^et 
they have not given any cause for restriction by the various govern- 
ments of the Philippines. 

The Chinese question has always been a prominent question with the 
Governors-General. In 1859, when Senor Norzaray gave up his com- 
mand in the Philippines, he wrote an extensive paper in which this 
question was discussed. 

He said: 

One of the most difficult questions remains to be solved on my giving up of my 
command, that of the commerce carried on by the Chinese in the provinces. The 
clamor against these Asiatics is general in the coimtry, because competition with 
them is not possible. 

Spaniards, Mestizos, Indians, all give them a fi-ee field in retail business when 
they enter. Their few needs, their patience under every insult and vexation and 
sacrifice, and personal labor which they can utilize, except agriculture, the ease with 
which they adapt themselves to the customs of the natives, and to the exchange of 
produce and to all the needs of the consumer, the insignificance of their personal 
expenses, the manner of their life, the close cooperation which they mamtain among 
themselves, all place them in a situation advantageous to them, but not always to 
commercial progress. 

The truth is that they have practically monopolized retail business in the provinces. 
It is, in general, true that they do not start any enterprise or undertaking of any 
importance. They hoard by instinct, and hide or take away their capital from the 
country, which capital in other hands would be a powerful element of progress and 
advancement; but is it possible and would it be prudent to at once reverse the cus- 
toms of the country, which is now accustomed to the services of the Chinese in the 
retail business referred to? 


Are the complaints of thousands of individuals of other races sufficient Avarrant for 
the prevention of their invading activity in all industries? 

An energetic reaction against the Chinese has existed during the last two years in 
Java, in Australia, and in California. 

In the voluminous report to which I referred in the beginning, it is set forth by 
approval, and by some royal orders, that they be jjrotected. I l)elieve that it would 
be impossible to establish a means of quieting these complaints and at the same time 
avoiding the consequent setback in business, to wit, to take the prohibitive meas- 
ures which have been adopted in the countries mentioned. The commercial inva- 
sion of the provinces by the Chinese could be only advantageous under certain 
restrictions. The gathering of fruits of the country for exportation, which up to the 
present has been done by Spaniards, natives, and Mestizos, should continue in their 
hands, for this tendency to fraud, to adulteration, and to monopoly which is char- 
acteristic of the Chinese would be prejudicial to their production. 

The industrial tax is called upon to establish a just balance in trade and protection 
in favor of the national races in the Philippines. The industrial tax which the 
Chinese pay at present is insufficient for this purpose on account of the insignificant 
rates which it fixes. 

This is the most interesting part of the paper of Senor Norzara}'^, in 
that he strongly argues that it would be better for Spain to be impov- 
erished by taking energetic and saving measures against the Chinese 
than that the Philippines should be ruined b}'' foreign commercial 

Since the administration of Seiior Norzaray up to the beginning 
of the war between the United States and Spain the influence of the 
Chinese in the Philippines has been increasing both in commerce, 
industry, wealth, and production. When any individual or collection 
of individuals opposed the superior power of the Chinese they were 
always taken care of by powerful friends and were able, by means of 
giving valuable presents, to overcome an}" opinion unfavorable to 
them, both in the government of the islands and in Madrid. By means 
of this policj^ the}" triumphed over the anti-Chinese report which was 
sent to the Government of Spain, signed b}' many merchants and 
manufacturers of the Philippines, both natives of the islands and of 
the Peninsida, in June, 1896. In this report, among other things, it 
was said that — 

Legislation relative to the Chinese being superficial, confused, and contradictory, 
offers in this country a jjeculiar motive for reflection. While the former colony, 
daughter of costly experience, acquired by nmch bloodshed, restricted inunigration, 
limited it, and did not wish it to exist unless confined and under our cannons in Manila 
or scattered about tlie country in agricultural pursuits, the modern colony, the daughter 
of vague ideas, was essentially narrow-minded, impressionable, impetuous, recom- 
mends the encouragement of this immigration, whose growth can not be prevented. 

The undersigned, natives and persons from the peninsular, on having the honor of 
presenting this report to Your Majesty, are inspired by the most ardent patriotism 
and a desire to better and consolidate the sources of wealth of this country, being 
identified with its interests, which are also tlie interests of the metropolis, and with 
the immense majority of the inhabitants. 

In setting forth the difficulties by whicli tlie natural march of progress is impeded, 
it is not their intention to deprive the Chinese of certam liberties compatible with 


their manner of life, with natural right, and also compatible with the mutual bene- 
fits derived from commerce between Spain and China. They are only moved by a 
desire to modify those excessive liberties through which evil conditions, generally 
among the middle and lower classes of the country, are visibly Ijeing established — 
evil conditions which will continue increasing irresistibly, according as Chinese immi- 
gration increases, which is stimulated in China by a large mniiber of business men 
whose sole occupation is collecting the Chinese and shipping them to ]\Ianila, from 
which business they derive great profits. There is no rooni for doubt that the Chinese 
merchant corrodes and sterilizes the most valuable germs of the national wealth 
everywhere, being the personification of the ignorant man in the fable who killed 
the goose that laid the golden egg. 

When the signers put forward what they believe to Vje an echo of the people 
they sound an alarm to the public power in order that a preventative measure may 
be adopted to attack at an opportune time the excess of Chinese and the excessive 
liberty with which this soil is exploited by a race which, although it is called 
industrious, refuses all productive labor, such as agriculture or any other day labor; 
a race which corrupts and dries up every place through which it passes, whose 
enumeration has always been a fraud to the administration, for by fraud only about 
25 or 30 per cent of them are calculated ; a race which is excessively stubborn in 
persisting in maintaining their own peculiar customs and manner of life ; which is 
stubborn in resisting everything pertaining to good government, public hygiene, 
and the police ; which threatens us within a few years with a radical transfomiation 
in our population and customs; which, altogether, is a permanent menace to all 
the principles of the economic vitality of the country. 

Therefore the vmdersigned, at the royal feet of your majesty, ask that a law to sus- 
pend Chinese immigration shall be put in force in the PhilipjMnes, and that in this 
law provision shall be made (and this provision constitutes the true reciprocity of 
the treaty) that Chinese shall not engage in manufacture and in commerce, except in 
the open ports of the Philippines, they being granted a short space of time to 
liquidate their business pending in the interior and in ports which are not open; also 
that in the interior Chinese shall only be admitted to engage in agriculture and 
mechanical trades exclusively; and that the Chinese shall not be bidders for con- 
tracts for the administration; and, finally, that strict provision shall be made for 
Chinese merchants to enroll themselves in the public register, and for them to pre- 
sent their accounts and other formalities of their affairs according to the prescriptions 
of the commercial code. 

At this time many spirited polemics in favor of this report against 
Chinese immigration were published in the press. There seemed at 
that time to be a unanimous aversion to the Chinese existing in Manila. 
It must be said, however, that all this investigation was directed with 
the idea of looking for arguments antagonistic to the Chinese, and 
none was made to bring out arguments in favor of them. 

Coincident with the movement in the United States to exclude the 
Chinese, an effort was made in 1888 to exclude them from the Philip 
pines, but it came to nothing. There are about 40,000 Chinese in the 
Archipelago, of whom 22,000 or 23,000 live in Manila. During the 
Spanish regime, between 10,000 and 12,000 came to Manila every year, 
and 7,000 or 8,000 returned to China every year. Many of those who 
went to China returned after spcMiding four or five months there. 
There are about 2,000 Chinese women in Manila. Some of these are 


married, but the most of them are concubines. About 100 or 200 
Chinese children are annually born in Manila. About 300 Chinese die 
ever}^ 3"ear. Many Chinese men marry Filipino women. The second 
generation is called "Mestizos," who are said to be intelligent men, 
but are restless, scheming, and untrustworthy. 

Under the Spanish regime the ordinar}^ assessment of the immigrant 
was $6.00. Other assessments were added to this sum, so that the total 
paid, exclusive of what was paid to the Chinese consul for registering, 
was $9.89. The consul seems to regulate his fees to suit himself. 

The Chinese come to the islands chie% from the province of Fukien, 
China, of which the chief city is Yanchow, but they mostly come 
from Amo}^, which is in the same province. About 3,000 come from 

If Chinese immigration to the islands were unrestricted, it is 
thought that man}' hundreds of thousands of Chinese would come to 

After peaceful American occupation labor would be in great demand, 
especially for the mines, in which the islands are rich. It is sufficient 
to say that the great majority of the natives are strongly opposed to 
Chinese immigration. It has sometimes been said that the natives 
hate the Chinese for their virtues, but this is not true. There are as 
many wicked and vicious Chinese pro rata as there are natives. The 
Chinese are notorious gamblers, and there are many criminals among 

It can not be doubted, we think, that the chief reason for the pre- 
vailing and pronounced antipathy to the Chinese grows out of labor 
competition. The Chinese keep prices down and are in many respects 
better laborers than the natives, who are inclined to indulge in gentle- 
manly vices and to take time for pleasure, and who love dress and dis- 
play. At present the natives do a great deal of lightering in the port, 
but they do no hauling or carrying of heav}' burdens — all this work 
and all the shopkeeping is done by the Chinese. The Chinese get 
from $1.50 to $2 (Mexican money) per daj for loading or unloading 
ships. For carrying burdens, the bearers are paid from 50 to To cents 
per day. The beast of burden in Manila is the cariboa. The driver 
receives for cart, cariboa, and his own wages $1 a load. 

There was considerable evidence taken b}^ the Commission at Manila 
to the effect that the Chinese should be excluded. The people who 
employ Chinese in business want them to come in, but those who do 
not employ them are opposed to their admission. There was testi- 
mony before us to the point that the Chinese take out of the country 
everything the}- can; that they spend little in the country, because 
they live on little; that they intermarry with the FUipino women, and 
that they produce a race which does not furnish good citizens; that 
many of the great troubles of the islands are caused by Chinese and 


their descendants. Most of the witnesses concur in stating that it 
would not be advisable to lot the Chinese come into the country with- 
out restriction. The natives do not like them, and their presence fre- 
quently causes trouble. 

It was stated before us that the natives built the railroad to Dagu- 
pan. The production of rice along its tributary territory has increased 
nearly 100 per cent, owing to the opening of the country through 
which the railroad went. We believe that in many parts of the Archi- 
pelago the native is quite capable of developing his own countr}'. 

Some years ago nearly all the artisans, such as carpenters, stone 
masons, builders, and bricklayers, were natives; now they are nearly 
all Chinese. You can hardh' find a native carpenter or bricklayer. 

It sometimes happens that the Chinese return to China, leaving 
their families in this country. 


The idea of the Chinese in emigrating to a foreign country is simply 
to gain a livelihood. The}" onl}' seek their own advantage and do not 
consider that they should even indirectly advance the commerce and the 
industries of the country which is their second home. They have no 
theoretical idea of colonization. The Chinese have very few necessi- 
ties, and endure with patience an}^ insult or persecution whatever, if 
the}^ can turn it to anv use or can escape thereby any harm. They 
have a great love for their native land, where the}' hope to live when 
they obtain a fortune, that they ma}" not be separated from the remains 
of their ancestors. This sentiment of remembrance and veneration 
for their ancestors is so deep-seated that the steamers of the lines of 
the Pacific Ocean carry cases in which the bodies of those who have 
died in America are returned to China. 

It is seldom that one is found who does not know how to read and 
write, and the facility with which they learn to speak the language of 
the country to which they emigrate is worthy of note. 

The Chinese who have married in the Philippines have first been 
obliged to become Christians. In the marriage relation they have 
been kind and considerate as husbands and fathers. The adoption of 
Christianity has not only been beneficial in the matter of marriage, 
but also in'the obtaining of a godfather, who thereafter has befriended 
his godson. All of the Chinese who have obtained importance in the 
Philippines have been Christians; their baptism was their initiation 
into power. It can not be said, however, that they have really aban- 
doned their own religion, but they tolerate Christianity in their 

Furthermore, the Chinese is very superstitious, and although he 
invokes his divinities when he worships, even Avhen he has become a 
Christian, nearly all of them have a certain respect for the Virgin of 
Antipole, and many of them join in pilgrimages to her shrine and to 


the shrine of the Virgin of Guadalupe for the purpose of dedicating 
candles to them in the Christian festivals. 

There is another curious thing, that, in a certain place in the suburbs, 
there were many Chinese not Christians who maintained in turn the 
illumination of the Catholic image because, according to tradition, a 
Chinese who maintained this light once won the capital prize in the 
Philippine lottery. 

The occupations of the Chinese may be generally classified as follows: 
(1) Wholesale merchants; (2) retail merchants, silk merchants, shoe- 
makers, druggists, indigo manufacturers, soap makers, barbers, black- 
smiths, carpenters, and dealers in notions; (3) water carriers, boatmen, 
cooks, and dealers in firewood; (4) workmen and servants. Tjnderthe 
Spanish regime, those of the first class paid a tax of $10 a month, 
those of the second $4, those of the third $2, and those of the fourth 
%1. The Chinese are very expert in the business of mone}^ changing, 
and they speculate in the difi^erent sorts of coin in circulation. A 
profit of 1 per cent is suflicient inducement for a Chinese to devote 
all his energies to this one business, and the Spaniards unjustl}"^ accuse 
him of being responsible for the monetary crisis which existed in 
Manila from 1855 to 1861, and in the year 1876. 

The business of trading in rice is very profitable to the Chinese, and 
they are especially adapted to it, both in its importation and in the 
coastwise trade and in dealing in it at retail. The}^ also classify with 
great skill foreign rice, procuring a large portion of the rice which is 
common in Saigon. They whiten it and sort the grain, mix it with 
superior classes, and sell it, thus making good profit. 

They bu}^ up hemp with great diligence, especially in Alba}^, Leyte, 
Cebu, Camiguin, Misamis, Marinduque, and nearly always get the 
better of other buyers who are not Chinese. 

Indigo, sugar, coffee, tobacco, dyewood, mother-of-pearl, tortoise 
shell, shellac, and elemi gum are other products of the country from 
which the Chinese derive profits by collecting them, and bj^ the rapidity 
with which they sell them. 

The Spanish administration also gave them the right to farm out 
the provincial taxes and other services offered for public bidding 
belonging to the state, such as public markets, slaughterhouse privi- 
leges, fords, the inspection of weights and measures, taxes on carts 
and horses, cockpits, and places for smoking opium. 

Article No. 27 of the treaty made between Spain and China of Octo- 
ber 10, 1864, signed in Tientsin, gives to the Chinese all of the rights 
of the most favored nation. It reads as follows: 

Chinese merchant vessels, without Umitation as to their number, shaU have the 
right to go to the Philippines and do business witli them, and shall be treated as 
those of the most favored nations. If Spain should later grant other advantages to 
the merchants of any other nation Chinese traders shall also enjoy them as traders 
of the most favored nation. 



In Isabella and Cagayan a short time before the governmental 
tobacco monopoly was abolished there were very few Chinese and 
their action in business was insignificant, and the Spanish Government 
paid the owners of the tobacco crops punctually. 

Nevertheless, a time came in which the Spanish administration was 
behind in nearly all of its payments, principally in the most important 
ones, and the planters of these provinces were among the many vic- 
tims of these delays. The Chinese then took advantage of the preca- 
rious situation by making usurious loans to those who lacked the means 
of realizing on their crops, thus securing the business of those fertile 
provinces, both b}^ means of the capital which they advanced and in 
the handling and monopoly of tobacco. 

Their commercial supremacv reached such a point that once they had 
monopolized tobacco. Almost everj^ leaf which came to Manila from 
Cagayan and Isabela Avas their property, and they stored it in ware- 
houses and sold it later to the factories already established in the capital 
at a good profit. They were not contented with the sale of tobacco in 
the leaf alone, but they also established factories to manufacture it, 
thus causing other factories which had been in operation to close up 
by the ruinous competition which the Chinese raised against them. 
As they had monopolized tobacco in the leaf, they raised the price of 
that commodity to a fabulous height, thus insuring the ruin of the 
other manufacturers, their commercial adversaries. 

Nevertheless it must be mentioned that cigars made b}' Chinese fac- 
tories soon lost credit in foreign markets through the poor workman- 
ship and the detestable manner in which they mixed the different 
classes of leaves. The Chinese were not discouraged by this, and, 
although the sales of the products of their factories did not gain them 
the profits which they expected, they continued acquiring lands in the 
provinces mentioned, both by loaning on mortgages and by making 
contracts of sale in advance. 

In the provinces of Ilocos and Pangasinan the Chinese, by their com- 
mercial influence, succeeded in paralyzing to a certain extent the 
progress which was noticeable some years before in the production of 
said provinces. 

All the interior trade of Camarines Sur is monopolized by them, 
and both that province and Ilocos Sur seem for this reason to be sta- 
tionary as regards the ordinary march of commerce and industry. 

In Batangas the Chinese have not been able to overcome the natives 
in this unequal struggle for life, for, although the inhabitants of 
Batangas were beaten in the trade of the interior, they did not lose 
heart on this account and devoted themselves with great diligence to 
the production of coffee and sugar and to the breeding of beef cattle 
and swine, and the Chinese were not able to outdo them. 


In Albaj'-, also, the Chinese extended their business, especially in 
hemp, and were the cause, as some merchants assert, of the discredit 
which that valuable fiber suffered from in the markets of America and 
Europe b}^ the bad faith with which the}'^ separated the different classes 
for which there was a demand in the foreign markets. 

Since 1860 the Chinese have been prosperous in Iloilo and the island 
of Negros, which islands have always been of great commercial and 
agricultural importance, even before the Chinese came there. In Jolo, 
Cottabato, and Zamboanga the Chinese have also done business, both 
in trading with the natives of said islands and with the Philippine and 
Spanish troops in garrison there, and in dealing with the Moros in 
shells, pearls, and other valuable products. The town of Taal merits 
special mention, for the natives there have not allowed the Chinese to 
establish themselves in that town, in spite of their vigorous resistance. 
The Chinese were assassinated there and the criminals were never 
detected, for which reason the Chinese decided not to oppose the deter- 
mination of the people of Taal, who carry on a comparatively pros- 
perous commercial life without necessity for foreigners to trade in the 

The Chinese owe much of their success in commerce to a compara- 
tive protection which can not be destroyed either by law or by any 
other measures which may be taken to counteract it. 

In fact, they succeed everywhere in obtaining a monopoly" of whole- 
sale and retail trade, becoming, by the unity of purpose which they 
possess, the proprietors of mechanical arts and trades in the country. 
They lend each other cooperative aid, and all work together for the 
same end, thus forming a vast commercial society with which it is 
impossible for other merchants, who work separately, to compete. 

Some foreign business houses established in Manila import dr}^ goods 
from Europe and turn them over for prompt and certain sale to a small 
number of Chinese merchants, in whose power to collect the value of 
the merchandise they have confidence. These merchants divide the 
articles received among the shops of their countrymen, and also send 
quantities of the goods to their principal agents in the provinces, who 
in turn distribute them among the different Chinese who have open 
shops in the towns and provincial capitals. They previously mark the 
prices on the articles, and the shopkeepers are not allowed to reduce 
them under any pretext. Under this system the result is that, although 
there may be many Chinese establishments in one town, the same article 
exists, or may be secured, in all of them, and the price is uniform in 
high and low alike, and only follows a general rule, whether the article 
is plenty or scarce in the place. 

When a Chinese immigrant lands in Manila, he comes under the 
management of a headman, who lends him $30 or more, and to 
whom the future merchant is directl}' responsible. He then begins 


to work in the most laborious and humble employment, but in spite of 
his small compensation he is able, by force of seH-denial, to save a 
sum sufficient to free him from the power of the headman, to whom 
he returns the amount advanced to him. From that time on he works 
on his own account, protecting and being protected by his countrymen 
until he accumulates sufficient capital to return to his country and 
there enjoy his savings for the rest of his life. 

The Commission concludes that the Filipino can be depended on to 
develop many parts of his own country, but while this is true, it is to 
be said that there are extensive areas in Luzon, Mindoro, Mindanao, 
Palawan, and other islands which are either peopled by wild tribes or 
are uninhabited. In many instances these regions are covered with 
magnificent timber; in some cases mineral deposits of great wealth lie 
within their limits, and as a rule their soil is extremely fertile. It is 
quite out of the question to depend on their sparse and uncivilized 
population for labor, and since the people of these districts show little 
or no hostilit}^ toward the Chinese, it would seem that Chinese labor 
might be advantageously employed without danger of arousing oppo- 
sition on the part of the inhabitants or in an}- way prejudicing their 

In the regions inhabited by the civilized natives sentiment toward 
the Chinese varies considerably in different provinces and islands. 
Where it is strongly hostile the Commission feels that we are bound to 
take it into serious consideration. And we further believe that the 
inhabitants of all parts of the Archipelago should be saved from the 
necessity of being forced to compete with Chinese labor under condi- 
tions such that they can not hope to compete with success, always pro- 
vided that the legitimate economic development of the countr}^ is not 
thereby retarded. 

On the other hand, we feel that Chinese labor might be very advan- 
tageously used in those portions of the Archipelago where, from the 
character of the inhabitants and their indisposition to engage in manual 
toil, or from the absence of inhabitants, and the well-known disincli- 
nation of the civilized native to leave his home and settle in a new 
region, it would not come into competition with the labor of the 

We therefore commend to jour careful consideration the question 
as to how, where, and for what purpose the Chinese should be allowed 
to enter the Archipelago. 


The proof taken by the commission shows that the diseases generally 
prevailing in the islands are the fevers, including typhoid and malarial 
fever, and a rather more indefinite one called "dengue." Besides these 
fevers, there is a group of maladies the general form of which is intes- 
tinal — diarrhea and d3^sentery. With the exception of a few of the less 
developed islands, malarial fever is not sufficiently prevalent to be a 
serious menace to the public health. Both diarrhea and dysentery 
aflfect Europeans more than natives. 

There hav^e been among our soldiers several very sudden deaths from 

"Beriberi" is prevalent among the islands, but so far has been con- 
fined entirely to the natives during our occupation, but formerl}'' it 
has attacked Spaniards. It appears in several forms — in what is known 
as the oedematous form, in which the person's body becomes swollen 
and dropsical. Then, in the paralytic form, in which the loss of power 
in the legs and arms is the chief S3"mptom. Then, the mixed form, 
where both are combined. The most fatal form of the disease is 
probablj" the oedematous form. It runs a chronic course, lasts days, 
weeks, or even months, but rarely acute. It has been believed that 
the disease has to do with unfavorable hygienic conditions, particu- 
larly with conditions of squalor, and conditions under which the food 
is improper in kind and msufficient in amount, and it seems clear that 
proper food and good surroundings diminish the danger of the disease. 
It attacks especially persons in the prime of life, apparently in the 
best physical condition. Persons under 40 are the ones generally 
attacked. Among the natives it is undoubtedly a very serious disease. 
It is apparently constantly present. It has been met in the hospitals 
at Manila, and an outbreak in Cavite shows that it may assume alarm- 
ing proportions, but it is apparently a disease Europeans need fear 
very little if conditions of hygiene are favorable. 

The cases in the San Juan Hospital are all from Manila. 

In the paralytic form there is a great deal of trouble in locomotion; 
and in the final stages of some of these wasting diseases there is also 


Tuberculosis is very common among the natives. 

Leprosy is common in Manila and at several other places in the 
Islands. During* our stay at Manila there were usually from seventy- 
five to eighty -five patients at the San Rosario Hospital. It appears in a 
variety of forms. There are two general types of it. One is the 
tuberculous form, in Avhich nodules appear under the skin, which 
gradually enlarge and break, and the skin and tissue just beneath are 
first affected, and subsequently, to the development of these nodules, 
the parts become enlarged and afterwards ulcerated. These ulcerations 
are followed by healing-scar forms, causing a peculiar deformity, and 
it gives a leonine expression when affecting the face. Sometimes the 
parts become darker than formerly, and sometimes there is a white 

The other form affects the nerves and causes loss of sensation; that 
may also be attended b}^ the development of these nodules. It is a 
condition of rotting away, often causing loss of members. 

The climate is interesting on account of the continuity of the heat 
rather than any extreme. That has advantages and disadvantages to 
Americans. There is very little danger of catching cold from sudden 
depression — less than in America. On the other hand, the continuous 
heat is verj^ trying and enervating, and will probably prove to be so 
on Americans. It interferes with the process of digestion, and unless 
one be particularly prudent with regard to food, the time and place of 
taking, etc., he is sure, sooner or later, to have an attack of stomach 
trouble. The climate, with other conditions, seems to affect Ameri- 
cans, especially with regard to assimilation. People who have lived 
here a long time gradually grow pale. Of course there are excep- 
tions — there are those who retain their vigor. Those who are familiar 
with the climate tell us antemia is one of the common complaints in 
the Philippines and in similar climates. 

With regard to actual heat stroke, it is apparently uncommon, while 
heat prostration is relatively common. The continual heat undoubtedly 
predisposes one to diarrheal diseases. 

It might be interesting, perhaps, to speak of what we consider the 
best mode of living for An_iericans or Europeans — what they should 
do to keep their health. 

In the matter of wearing apparel, it is probably best to wear very 
light woolen next the skin. The abdominal band is necessary for per- 
haps 50 per cent of the Anglo-Saxons. One can try to do without it. but 
if he develops diarrhea the best thing to do is to wear it. He may get 
along by wearing it at night, when the body is more exposed, but gen- 
erally commencing then it becomes necessary to wear it during the day. 
Having light woolen garments next the skin, it is important to wear 
as light clothes as possible, and the Americans have adopted a very 
suitable suiting in khaki and drill. 
S. Doc. 138 11 


He .should take piiins never to become chilled and to look out for 
changes in the temperature. If the weather turns cool after several 
days of extreme heat, he should change his clothing accordingly, and 
it is probably wisest in the middle of the day to dress more lightly 
than in the morning and evening. 

With regard to baths, a great many people make the mistake of 
taking cold baths when the}" are not able to bear them. Bathing is 
essential, at least one bath a day, but some people, although strong 
and vigorous, may not be able to bear one cold bath a day at the tem- 
perature of Manila water. If after the bath the individual has clammy 
skin and feels depressed, has redness of the eyes and otherwise out of 
sorts, it would be well to order warm water and bathe the spine. One 
should never bathe when very hot; that is, if he comes in tired and 
warm it is unwise to take a bath at that time. Nor should he bathe 
on a full stomach, but should take his bath on rising if he is vigorous, 
but if one does not recuperate rapidly afterwards it would be better 
to take a sponge bath in the afternoons or at 11 o'clock in the morning. 

With regard to the diet of Americans coming here, great care should 
be exercised if they wish to remain well. Too meager and too free a 
diet are equally bad. Probably the majority of Americans make the 
mistake of overeating — of eating too much meat and too largely of 
vegetables. The probability is that a breakfast of eggs and toast, a 
small steak or chop, with one cup of coffee, tea, or chocolate, would 
be good. The midday meal should be light in this climate, although 
many take the principal meal in the middle of the day. However, we 
are of the opinion it would be better to take the principal meal at 
night, the midday one to consist of cold meat, rice, fruit, and so on, 
but not a very hearty meal, especially if work has to be done in the 
afternoon. The principal meal will then be at night, and should not 
consist of too many courses. Much coffee and much strong tea is to 
be avoided by Anglo-Saxons. Most English people here take as a 
stimulant whisky and soda, generall}" Scotch whisk}". Most people 
who drink drink too much. A man who could with impunity take 
several drinks in a day at home would suffer if he attempted the same 
thing here. 

There is a custom prevailing in Manila of keeping within doors 
from 12 to 3 p. m., which is universally commended. It is doubtful 
whether the white race could work in the sun. 

Our Government should pay close attention to the public sanitation, 
water supph^, drainage, removal of excrement, quarantine, and make 
a special study of the tropical diseases. During the rainy season — July, 
August, and September— there is more dysentery and less malarial 
fever. Dengue is not malaria; the blood of patients suffering with 
dengue does not contain any variety of malarial parasites. 

We quote the following from the testimony of Dr. L. F. Barker, of 


the Johns Hopkins University, to whom, and to his associate, Dr. 
Simon Flexner, now of the University of Pennsylvania, we are indebted 
for valuable testimony : 

There is one point with regard to the health of the soldiers at present and with 
regard to the mode of living. Something is wrong, judging from the patients who 
come into the hospital. Whether it is a matter of diet, whether the ration is right 
or not, or what is the cause of the lowering of resistance of the large number of 
soldiers is a matter which merits close investigation. No matter from what disease 
an individual suffers in the hospital he nearly always shows signs of nonnutrition. We 
notice it particularly in the mouths of the patients. A large number have foul 
tongues, and a large number have erosions about the teeth, raw gums, etc. Part of 
that can be attributed to lack of opportunity for proper cleansing of the mouth, but 
I am inclined to think there must he some special reason, because no matter how 
carefully you take care of the mouth, if subject to bad influences, these abrasions in 
the mouth will occur. It became so noticeable in examining patients in the hospital 
here that I asked one of the assistant surgeons to make a systematic examination of 
his wards, and he did so; went through opening the mouths of all the patients, and 
he told me that fully 90 per cent of the patients had this condition of the gums. I 
asked the individuals themselves the cause of it. They attributed it to the ration, 
rightly or wrongly, I do not know. It would seem probalile that the ration of the 
soldier in this climate should differ from the ration of the soldier in temperate 

Questions touching sanitation should receive immediate attention. 
There are in these islands about 8,000,000 people. There is one city of 
250,000, and there are 30 with over 20,000-, and 109 with over 10,000. 
With the exception of Manila and a few of the other larger cities, 
very little attention has been paid to hygiene. In this connection we 
call attention to a carefully prepared paper on the subject of sanita- 
tion, from the pen of Dr. Henry F. Hoyt, Major and Chief Surgeon, 
United States Volunteers, who is now stationed in the Philippines, 
for which see Exhibit IX. 




Exhibit I. The Preliminar}- Report of the Commission, dated November 2, 

1899 '. 169 

II. Instructions of the President to the Commission, dated Janu- 
ary 20, 1899 185 

III. Letters brought by Arguelles to the Commission, April 29, 

1899 187 

IV. The constitution of the so-called Philippine Republic (other- 

wise known as the Malolos constitution), of January 21, 

1899 189 

V. A proposed constitution for the Island of Xegros (drafted by 
some of the leading citizens, with the aid and supervision of 

Colonel Smith) 200 

VI. A draft of a constitution prepared for the Commission by cer- 
tain eminent Filipinos -16 

VII. Paterno's scheme of government (being scheme of autonomous 
government proposed to Spain June 19, 1898, prior to Amer- 
ican occupation of Manila) Face 228 

VIII. Kirkwood's memorandum on the administration of British 
dependencies in the Orient (prepared at request of Commis- 
sion) 229 

IX. Communication with respect to a department of health in the 

Philippines -'^'■^ 


Exhibit T. 

THE peelimi:n^ary eepoet of the 


To the President. 

Sir: The undersigned commissioners appointed by you to investi- 
gate affairs in the Philippine Islands and to report the result of their 
investigations, together with such recommendations as might in their 
judgment be called for by the conditions which should be found to 
exist in these islands, have the honor to submit the following prelim- 
inary statement in compliance with your request: 


During all its stay in Manila the commission was engaged in hear- 
ing the statements of leading and prominent men — bankers, lawyers, 
railroad men. shipowners, capitalists, educators, and. in fact, men of 
all classes — as to all the topics of interest in the islands. 

In nationality these persons were Spanish, English. German. Amer- 
ican, Austrian, and natives of the islands. Almost every subject 
touching the islands was fully and systematically gone into: Govern- 
ment, law, currency, the Chinese question, education, mines, railroads, 
commerce, public lands, church property, agriculture, forestry, meteor- 
ology, etc. The opinions of the witnesses were freely taken as to the 
capability of the Filipinos for self-government, as to the form of gov- 
ernment which would best suit them, as to their habits, customs, condi- 
tion, and intelligence. The commission also assisted in establishing 
municipal governments in many towns, reference to which will here- 
after be made. 

In addition the commission received a great number of papers and 
communications on many pending questions. 

These interviews were taken down in shorthand, and they and the 
papers above mentioned will form a part of our final i-eport. 

The members of the connuission mingled freely with the native and 
foreign society at Manila and at other'points which were \-isited, and 
sought in that mode to acquire information. 

Books and newspapers were freely consulted. 

Under proper heads, the views of the commission as derived from 
the sources stated will be hereafter set out in full. 


Prior to 1896. divers rebellions had broken out against Spanish rule, 
but at this time we are chietiv concerned with the one whu-h occurred 
in that vear. This movement was in no sense an attempt to wm 
independence, but was merelv an effort to obtani relief from abuses 


which were rapidly growing intolerable. The reforms demanded are 
set forth in a proclamation by one of the insurgent leaders. They 
were as follows: 

1. Expulsion of the friars and restitution to the towniships of the 
lands which the friars had appropriated. Dividing the incumbencies 
held by them, as well as the Episcopal sees, equally between peninsular 
and insular secular priests. 

2. Spain to concede to the Filipinos parliamentary representation, 
freedom of the press, toleration of all religious sects, laws common 
with hers, and administrative and economic autonomy. 

3. Equality in treatment and pay between peninsular and insular 
civil servants. 

4. The restitution of all lands appropriated by the friars to the town- 
ships or to the original owners, or in default of finding such owners to 
put them up at public auction in small lots of a value within the reach 
of all, and payable within four j^ears. 

5. Abolition of the Government's authority to banish citizens, as well 
as all unjust measures against Filipinos, legal equality for all persons, 
whether peninsular or insular, under the civil as well as the penal code. 

It must be admitted that there were good grounds for demanding 
these reforms. On paper the Spanish system of government was tol- 
erable, but in practice everj^ Spanish governor did what he saw fit, 
regardless of the law. The Spaniards themselves acknowledged the 
existence of wrongs, but they were powerless to correct them. Spain 
did nothing to quiet the Filipino people, and granted nothing which 
justice demanded. The press was under strict censorship and sup- 
ported and applauded whatever the Spaniards did, and the evil deeds 
of men in the Government were hidden in order not to hurt the prestige 
of Spain. 

A powerful adjunct to the revolutionary movements was the Kati- 
punan Societ3^ This order was patterned on the Masonic order. It was 
a secret society, and had about four hundred thousand members, who 
were in the main residents of the Tagalog provinces and of the valley of 
the Pasig River. In Manila and this valley there were eighty thou- 
sand members. After the discovery of the existence of this society 
there were many arrests and executions. 

The war was finally terminated by the 


This celebrated treaty was signed December 14, 1897. At that time 
nearly all the Filipino forces from Cavite, Bulacan, and elsewhere were 
concentrated at Biac-Na-Bato. There were a great many soldiers there, 
but they were badly armed. They had only about eight hundred small 
arms consisting of rifles, shotguns, and also a few cannon of antiquated 
models. Very exaggerated notions of this force were current among the 
Spanish troops. The idea circulated that it would require one hundred 
thousand men to take the position. So the Governor-General, Primo 
de Rivera, concluded that it would be better to resort to the use of 
money. It was agreed by Governor-General Primo de Rivera that 
certain concessions should be made by the Spaniards, among which 
were representation in the Cortez of Spain, the sending away of the 
friars — which was the principal question — the right of association, 
and a free press. 


Primo de Rivera stated that he had authority from Madrid to give 
two Diillion dollars Mexican, if necessary, in order to bring- about a 
cessation of hostilities; the amount agreed upon, however, as accept- 
able to the Filipinos was one million two hundred thousand dollars. 
This money was to be paid when Aguinaldo and his cabinet and his 
leading officers arrived in Hongkong. No definite time was fixed dur- 
ing' which these men were to remain away from the Philippines; and 
if the promises made by Spain were not fulfilled they had the right to 

It appears that Paterno, who served as mediator, only ofi'ered Agui- 
naldo four hundred thousand dollars. Two hundred thousand dollars 
was paid to Aguinaldo when he arrived in Hongkong. The balance of 
the mone}" was to be paid when the Filipinos had delivered up their 
arms. The whole arrangement was not acceptable to the people. They 
were angry because a matter of business had been made of the rev- 
olution, and they had no confidence in the Spaniards. 

As a matter of fact these promises were never carried out. The 
civil guard began to whip and to shoot and abuse the people as before; 
and it is stated that in the Province of Manila more than two hundred 
men were executed. As a direct result of these further abuses sporadic 
uprisings occurred in several provinces of Luzon, but they had nothing 
of the coherence or strength of the original movement, being attempts 
to avenge particular wrongs rather than efforts to secure general 
reform. The straggling and numerically insignificant insurgent forces 
lacked arms, ammunition, and leaders. Spain dislmnded her volunteer 
Filipino militia and prepared to send her regular troops home. The 
treaty of Biac-Na-Bato had ended the war, which, with the exception 
of an unimportant outbreak in Cebu, had been confined to Luzon, 
Spain's sovereignty in the other islands never having ])een questioned 
and the thought of independence never having been entertained. 

While the country was in this condition. General Augustine came to 
Manila as Governor-General. He had been there but a short time 
before hostilities broke out between S^^ain and the United States. Pie 
wished the Filipinos to unite in defense of Spain. He took measures 
to organize the militia forces; he called in the insurgents who had laid 
down their arms after the treaty of Biac-Na-Bato, and asked them if 
they wished to defend Spain against America. The Governor-General 
promised that if the Filipinos would defend Spain against America 
complete autonomy would be given to them. He also formed a con- 
sultative cabinet, which was composed of Spanish officials and twelve 
or fourteen Filipinos appointed by him; but his plan met with little 
success, because the Filipinos did not trust the promises of Spain, 
which were completely discredited. 

Then came the 1st of May, 1898, and the destruction of the Spanish 
fleet by Admiral Dewey. This event caused a great loss of prestige to 
the Spaniards. Finally, on May 19, Aguinaldo came. . , , , 

The following memorandum on this subject has been furnished the 
commission by Admiral Dewey : 


On April 24, 1898, tlie following cipher dispatch was received at Hongkong from 
Mr. E. Spencer Pratt, United States consul-general at Singapore: 

' ' Aguinaldo, insurgent leader, here. Will come Hongkong; arrange with commo- 
dore for general cooperation insurgents, Manila, if desired. Telegrapn. ^, ^^^ „ 


On the same day Commodore Dewey telegraphed Mr. Pratt, "Tell Aguinaldo come 
80011 as possible," the necessity for haste being due to the fact that the squadron had 
been notified by the Hongkong Government to leave those waters by the following 
day. The squadron left Hongkong on the morning of the 25th and Mirs Bay on the 
27th. Aguinaldo did not leave Singapore u. ;i the 26th, and so did not arrive in 
Hongkong in time to have a conference with ttie admiral. 

It had been reported to the commodore as early as March 1, ]>y the United States 
consul at Manila and others, that the Filipinos had broken out into insurrection 
against the Spanish authority in the ^dcinity of Manila, and on March 30 Mr. Williams 
had telegraphed, "Five thousand rebels armed in camp near city. Loyal to us in 
case of war. ' ' 

Upon the arrival of the squadron at IManila it was found that there was no insur- 
rection to speak of, and it was accordingly decided to allow Aguinaldo to come to 
Cavite on board the McCuUoch. He arrived with thirteen of his staff on :May 19, and 
immediately c^me on board the Olympia to call on the commander in chief, after 
which he was allowed to land at Cavite and organize an army. This was done with 
the purpose of strengthening the United States forces and weakening those of the 
enemy. No alliance of any kind was entered into with Aguinaldo, nor was any 
promise of independence made to him then or at any other time. 

Shortly afterwards the Filipinos began to attack the Spanish. Their 
number was rapidl}^ augmented by the militia who had been given 
arms by Spain, all of whom revolted and joined the insurgents. Great 
Filipino successes followed, many Spaniards were taken prisoners, and, 
while the Spanish troops now remained quietly in Manila, the Filipino 
forces made themselves masters of the entire island except that city. 

On the arrival of the troops commanded by General Anderson at 
Cavite, Aguinaldo was requested by Admiral Dewey to evacuate that 
place, and he moved his headquarters to the neighboring town of 
Bacoor. Now for the first time arose the idea of national independence. 
Aguinaldo issued a proclamation in which he took the responsibility 
of promising it to his people on behalf of the American Government, 
although he admitted freely in private conversation with members of 
his cabinet that neither Admiral Dewej' nor an}- other American had 
made him an}- such promise. He had already declared himself dictator 
and surrounded himself with a cabinet. The landing of American 
troops at Paraiiaque on July 15 so exasperated the revolutionary 
leader that he wished to attack 'at once, but was deterred by lack of 
arms and ammunition. He finally decided to await until the fall of 
Manila, enter the city with the American troops, secure the arms 
of the soldiers, if possible, and then make his attack. Mean- 
while he sent orders to the neighboring towns for a passive resistance, 
and for the placing of all possible obstacles in the way of the American 

The second expedition went into camp, the front toward Manila and 
about one hundred yards from the coast near the place of landing; the 
camp was called "Camp Dewey." At the time of the landing the 
Filipinos maintained a line from a point on the coast about five miles 
south cf Manila and three miles north of Camp Dewe}" eastward, and 
turning to the north, with headquarters at Paraiiaque, three miles in 
the rear of Camp Dewey. Our troops immediately threw out a line 
of outposts extending from the coast around the camp and eastward to 
Pasay and beyond. 

Upon landing and joining the troops at Camp Dewej'^, Brigadier- 
General Anderson, the ranking brigadier-general, assumed command 
of the division. Shortly afterwards, upon the arrival of General Mer- 
ritt, the insurgents were notified that our troops intended to commence 
operations against Manila, and would establish a line of works com- 


menciDg at the base aud extending east in front of the outposts then 
maintained by them. This movement was not received kindl}^ by the 
Filipinos, but on the establishment of our line on their front thev gradu- 
ally retired. There were no conferences between the officers of the Fili- 
pinos and our officers with a view of operating against the 8j)aniards, nor 
was there any cooperation of any kind between the respective forces, 
and the relations between the two forces were strained from the begin- 
ning. Upon our landing- they furnished our forces no protection nor 
support. The natives objected to our establishing camps, and w^ere onlj- 
quieted by the assurance that the United States would pay for all the 
damage done and for all Avood and other articles consumed. There 
never was any preconcerted operation, or any combined movement by 
the United States and the Filipinos against the Spaniards. When the 
city of Manila was taken on August 13, the Filipinos took no part in 
the attack, but came following in with a view of looting the city and 
were only prevented from doing so by our forces preventing them from 
entering. Aguinaldo claimed that he had the right to occupy the city; 
he demanded of General ]\Ierritt the cession of the Palace of Alalacafian 
for himself, and the cession of all the churches of Manila, Paco, and 
Ermita, and also that a part of the money which was taken from the 
Spaniards as spoils of war should be given up, and above all that he 
be given the arms of the Spanish prisoners. This confirms the state- 
ment alread}" made that he intended to get possession of these arms for 
the purpose of attacking us. All these demands were refused. 

After the taking of Manila the feeling between the Americans and 
the insurgents grew^ worse day by day. All manner of a}>uses were 
indulged in by the insurgent troops, who committed assaults and rob- 
beries, and under the order of General Pio del Pilar even kidnaped 
natives who were friendly toward the Americans and carried them off 
into the mountains or killed them. In the interest of law and order it 
became necessary to order the Filipino forces back, and this order made 
them angr}". Aguinaldo removed his seat of government to Malolos, 
where the so-called Filipino congress assembled. The anti-American 
feeling was steadily nourished by the Filipino newspapers, which were 
directed to foster it. At this time Sandico began to establish what 
were called "popular clubs" in Manila and the neighboring villages 
and towns. Ostensibly they were intended to promote social intercourse 
and the instruction of the people, their actual object was to provoke 
bitterness toward the Americans. Their influence was far-reaching, 
and from their membership was recruited later on the local militia, 
which was to attack us from within Manila while the regular insurgent 
troops attacked us from without. 

On the 21st of September a significant decree passed the Pllipino 
congress imposing military service on every male over 18 years of age, 
excepting those holding government positions. In every carriage fac- 
tory and blacksmith shop in Manila bolos (knives) were being made. 

It is in proof before us that Aguinaldo was urged at this time to make 
some immediate determination in regard to the settlement of affairs with 
the Americans. At this time we were about to discuss the future of the 
Philippines in Paris, and many of the leading Filipinos believed that 
America would abandon this country. It was made plain to Aguinaldo 
that it was not enough for the Filipinos to desire America to stay in the 
islands, but that it would be desirable for them to show America that 
it would be to her interest to keep the country. Aguinaldo was 


advised to write President McKiiiley and ask what desires he had 
about the country and what form of o-overnment he wished to establish, 
and to ask him not to abandon the I ilipinos. This view was accepted 
not only by the government, but by many members of the Filipino 
congress. There was, however, considerable opposition, especially 
from Paterno, Mabini. and Sandico. While it seemed to appear that 
the sovereignty of America was acceptable to Aguinaldo, still he was 
always urging- the military men to prepare for war. The cabinet at 
Malolos decided to send to the President of the United States the 
propositions above mentioned, but Aguinaldo did not wish to do so. 
He first stated that he desired to translate them into Tagalog, and 
afterwards that he wished to put them into cipher, and so delayed the 
sending of them. 

Danger signals now multiplied. Aguinaldo endeavored to get the 
war-making power transferred from congress to himself. He also urged 
a heav}^ bond issue to secure one million dollars for the purchase of arms 
and ammunition. It is now known that elaborate plans had been per- 
fected for a simultaneous attack by the forces within and without Manila. 
The militia within the cit\^ numbered approximately ten thousand; 
they were armed for the most part with bolos. General Pio del Pilar 
slept in the city every night. No definite date had been set for the 
attack, but a signal by means of rockets had been agreed upon, and it 
was universally understood that it would come upon the occurrence of 
the first act on the part of the American forces which would afford a pre- 
text; and in the lack of such act, in the near future at all events. Per- 
sistent attempts were made to provoke our soldiers to fire. The 
insurgents were insolent to our guards and made persistent and continu 
ous efforts to push them back and advance the insurgent lines farther 
into the city of Manila. It was a long and trying period of insult and 
abuse heaped upon our soldiers, with constant submission as the only 
means of avoiding an open rupture. The Filipinos had concluded that 
our soldiers were cowards and boasted openly that we were afraid of 
them. Rumors were always prevalent that our army would be attacked 
at once. With great tact and patience the commanding general had 
held his forces in check, and he now made a final effort to preserve the 
peace by appointing a commission to meet a similar body appointed 
by Aguinaldo and to ""confer with regard to the situation of affairs and 
to arrive at a mutual understanding of the intent, purposes, aims, and 
desires of the Filipino people and of the people of the United States." 
Six sessions were held, the last occurring on Januarj^ 29, six days before 
the outbreak of hostilities. No substantial results were obtained, the 
Filipino commissioners being either unable or unwilling to give any 
definite statements of the "intent, purposes, and aims of their people." 
At the close of the last session they were given full assurances that no 
hostile act would be inaugurated by the united States troops. 

The critical moment had now arrived. Aguinaldo secretly ordered 
the Filipinos who were friendly to him to seek refuge outside the city. 
The Nebraska regiment at that time was in camp on the east line at 
Santa Mesa, and w^as guarding its front. For days before the mem- 
orable 4th of February, 1899, the outposts in front of the regiment 
had been openly menaced and assaulted by insurgent soldiers; they 
were attempting to push our outposts back and advance their line. 
They made light of our sentinels and persistently ignored their orders. 

On the evening of the 4th of February, an insurgent ofi^icer came to 
the front with a detail of men and attempted to pass the guard on the 


San Juan Bridge, our guard ))eino- stationed at the west end of the 
bridge. The Nebraska sentinel drove them back without firing, but a 
few minutes before 9 o'clock that evening a large body of insurgent 
troops made an advance on the South Dakota outposts, which fell back 
rather than lire. About the same time the insurgents came in force to 
the east end of the San Juan Bridge, in front of the Nebraska regi- 
ment. For several nights prior thereto a lieutenant in the insurgent 
army had been coming regularly to our outpost No. 2. of the Nebraska 
regiment, and attempting to force the outpost back and insisting on 
posting his guard within the Nebraska lines: and at this time and in 
the darkness he again appeared with a detail of about six men and 
approached Private Grayson, of Company D, First Nebraska Volun- 
teers, the sentinel on duty at outpost No. 2. He, after halting them 
three times without effect, fired, killing the lieutenant, whose men 
returned the fire and then retreated. Immediately rockets were sent 
up by the Filipinos, and they commenced firing all along the line. 

The story of the actual fighting has often been told by military men 
who were enoaged in it, and we do not deem it necessary to give a 
description of it here. It is known of all men that inunediately after 
the first shot the insurgents opened fire all along their line and con- 
tinued to fire until about midnight; and about -i o'clock on the morn- 
ing of February" 5 the insurgents again opened fire all around the city 
and kept it up until the Americans charged them and drove them 
with great slaughter out of their trenches. 

After the landing of our troops Aguinaldo made up his mind that 
it would be necessary to fight the Amercans, and after the making 
of the treaty of peace at Paris this determination was strengthened. 
He did not openh" declare that he intended to fight the Americans, but 
he excited everybody, and especially the military men. by claiming 
independence, and it is doubtful whether he had the power to check or 
control the army at the time hostilities broke out. Deplorable as war 
is, the one in which we are now engaged was unavoidable by us. We 
were attacked by a bold, adventurous, and enthusiastic army. No 
alternative was left to us except ignominious retreat. It is not to be 
conceived of that any American would have sanctioned the surrender 
of Manila to the insurgents. Our obligations to other nations, and to 
the friendly Filipinos, and to ourselves and our fiag demanded that 
force should be met by force. Whatever the futur(> of the Philippines 
mav be, there is no course open to us now except the proscn-ution of the 
war until the insurgents are ri^duced to submission. The connnission 
is of the opinion that there has been no time since the destruction of 
the Spanish squadron by Admiral Dewey when it was possible to with- 
draw our forces from the islands either with honor to ourselves or with 
safety to the inhabitants. 


As a result of the fighting of February 4 and 5, the insurgents were 
evervwhere driven back, and the United States forces soon occupied a 
line extending from Pasay, on the south, to Caloocan. on the north, and 
stretching out to the eastward far enough to protect the water supply 
of Manila. 

On the night of Februarv 22 some five hundred insurgents entered 
the district of the citv known as Tondo. where they started a confla- 
gration and fired on our guards. It had been planned that the local 


militia should join in this iittack. All the whites were to have been 
massacred, and certain enthusiasts had even wished to include the 
mestizos (people of mixed decent) in the list of the proscribed; but 
prompt and vigorous action on the part of Provost-Marshal- General 
Hughes rendered the intended uprising abortive, and no subsequent 
attempt was ever made. 

When the conunission reached Manila on March 4, the situation in 
the city was bad. Incendiary fires occurred daily. The streets w^ere 
almost* deserted. Half of the native population had fled, and most of 
the remainder were shut in their houses. Business was at a standstill. 
Insurgent troops everywhere faced our lines, and the sound of rifle fire 
was frequently audible at our house. A reign of terror prevailed. 
Filipinos who had favored Americans feared assassination, and few had 
the courage to come out openly for us. Fortunately, there were among 
this number some of the best men of the city. 


As one result of issuing the proclamation of the commission, which 
is more particularly described hereinafter, the objection was raised by 
the insurgents that the Spaniards had promised them more than we did 
and had done nothing. They asked for acts. The commission was 
anxious to meet this very justifiable demand, and as a first step strongly 
urged the reestablishment of the law courts, which had been in suspen- 
sion since the surrender of the city. Early in June the supreme court 
was reopened with five Filipino and three American justices. Courts 
of first instance and justice courts were established later when the dif- 
ficult problem of securing suitable Filipino officials had been satisfac- 
toril}^ solved. This action greatly aided in the restoration of public 

The flow of population soon began to set toward the city. Natives 
who had fled from their homes returned, while many of those outside 
of our lines began to clamor for admission, regarding Manila as a place 
of refuge to be sought, rather than, as at the time of our arrival, a 
danger center to be avoided. The native population nearly doubled in 
two weeks, and it was necessarj^ to impose severe restrictions on immi- 
gration in order to prevent dangeroiis overcrowding. Among the 
refugees came men of intelligence from all over Luzon, and we soon 
gained, from competent witnesses, an accurate idea of conditions 
throughout the island. We learned that the strong anti- American 
feeling was confined to the Tagalog provinces, namely, Manila, Cavite, 
Laguna, Batangas, Morong, Bulacan, Nueva Ecija, Principe, Infanta, 
and Zambales. It was strongest in the first six named, and hardly 
existed in the last four. The population of these provinces is esti- 
mated to be about one million five hundred thousand, but it should not 
be supposed that even in the six provinces immediately adjacent to 
Manila the people were united in their opposition to us. Even here 
there was a strong conservative element, consisting of people of 
wealth and intelligence, opposed to the war. 


In the remaining provinces of Luzon, the Tagalog rebellion was 
viewed at first with indifference and later with fear. Throughout the 
archipelago at large there was trouble only at those points to which 


armed Tagalogs had been sent in considerable numbers. In general, 
such machinery of ''government" as existed served onlvfor plunder- 
ing the people under the pretext of levying ''war contributions," 
while many of the insurgent officials were rapidly accunnilating wealth. 
The administration of justice was paralyzed and crime of all sorts was 
rampant. Might was the only law\ Never in the Avorst days of Span- 
ish misrule had the people been so overtaxed or so badly"^ governed. 
In many provinces there was absolute anarchy, and from all sides 
came petitions for protection and help, which we were unable to give, 
as troops could not be spared. The feeling between the opposing 
armies was at this time very bitter. 

When General MacArthur began the movement which ended in the 
taking of Malolos, the natives, at the order of General Luna, fired their 
towns before his advancing columns. Those who were unw^illing to 
leave their homes were driven out by insurgent soldiers, who burned 
their houses. The object of this inhuman procedure was to compel 
the inhabitants to flee before us, and thus prevent their learning from 
experience that the fearful tales concerning our soldiers, with which 
they had been deceived, were myths. This method of procedure, 
eminently successful at first, in the end recoiled on its authors, pro- 
voking so much opposition that the obnoxious order was revoked. 
Before the commission left the Philippines, nearly all the inhabitants 
had returned to these ruined villages. Many of the houses had been 
rebuilt. Fields, that had lain fallow for three j-ears were green with 
growing crops. Municipal governments had been established, and the 
people, protected by our troops, w^ere enjoying peace, security, and a 
degree of participation in their own government previously unknown 
in the historA'of the Philippines. Attempts of the insurgents to raise 
recruits and money in the province of Bulacan were proving abortive, 
except when backed by ba^^ onets and bullets, and even in such cases 
the natives were applying to us for help to resist them. 


It was not, however, in the province of Bulacan that the first municipal 
governments were established. During May and the early part of June 
there was a tacit truce along our south line; but later in the month the 
insurgents became aggressive at this point, and General Lawton took 
the field against them, driving them from Paranaque and Laspinas and 
utterly routing them at the Zapote River. Bacoor also was occupied 
and the presidente of Imus came out to meet General Lawton, ofi'ering 
to surrender his town and asking for a garrison, which was furnished. 

A visit to these towns at this time revealed a greatly changed public 
sentiment. The inhabitants had neither burned their homes, nor, as 
a rule, al)andoned them, but had quietly awaited the arrival of the 
American troops. Those who had remained soon learned that their 
confidence had not been misplaced, and those who had fled speedily 
returned. We found their condition to be most pitiable. They had 
been plundered by the insurgent troops, who had robbed them of 
jewels, money, clothing, and even food, so that they were literally 
starving. Peaceable citizens had ])een fired on. Women had been 
maltreated, and there was general satisfaction that the Americans had 
come at last. Large quantities of food were promptly distributed 
among the hungry, a measure which resulted in great good. 
S. Doc. 138 12" 


Conditions seemed favorable for an American propaganda. The 
towns of Bacoor and Imus were selected for purposes of experiment, as 
they were notoriously the two most rebellious towns of the most rebel- 
lious province in the islands. In each place the "headmen "' were called 
together and a frank talk was had with them. Our purposes were iuWy 
explained, and they were urged to state their own wishes. We found 
them thankful for the considerate treatment they had received from 
our troops, and willing to aid us against the insurgents, at whose hands 
they had suffered so severely. They seemed, however, powerless to act, 
on account of lack of organization, and there was a universal desire for 
the establishment of some form of municipal government. 

Encouraged by what we saw in Bacoor and Imus, we continued our 
work in Parauaque and Laspinas with similar results. On reporting 
the facts to General Otis he ordered General Lawton to organize these 
towns. At the request of the latter, and with the assistance of two 
able Filipino lawyers, the commission prepared a simple scheme of 
municipal government similar enough to the old system to be readily 
comprehensible to the natives, but giving them liberties which they 
had never before enjoyed. This scheme was adopted in its entirety by 
General Lawton, and at his request a member of the commission 
accompanied him to aid in putting it into effect. 

In each town the people were called together and an election was 
held. The officials chosen were f ull}^ instructed as to their duties, and 
were advised that they must expend every cent raised by taxation in 
defraying local expenses. In every instance enthusiasm ran high 
before we took our departure, and when we left cheers were raised for 
General Lawton and for the countrj' which he represented. 

With a single exception, the officials elected proved worthy of the 
trust imposed in them, and conditions very rapidly improved in the 
newly organized towns, each of which soon became a center of attrac- 
tion for the insurgent soldiers whose families resided within their limits. 
Deserters began to come in, some of them bringing their arms. Oppo- 
sition to the insurgent forces grew rapidly among the peaceable natives 
of the province. Deputations came secretly from many important 
towns, begging us to advance our lines and do for them what we had 
done for Bacoor and Imus. This was impossible; but governments 
were organized with most satisfactory results in Laspinas, Paranaque, 
Pandacan, Santa Ana, San Felipe Neri, and San Pedro Macati, while 
a slightly different system was put into effect in Malabon, Polo, Obando, 
Meycauyang, and Malolos. The results obtained in these latter towns 
have alread}'^ been mentioned. 

A large amount of supervision over the affairs of our new munici- 
palities proved necessary, as the officials were timid about assuming 
responsibilit}' and slow to comprehend their new duties. At many of 
the elections voters went in succession to the commissioner present, the 
military representative, and the native priest, asking whom they were 
expected to vote for, and it was only with great difficulty and by dint of 
much argument that they were persuaded to exercise the right of free 


When we left Manila a large volume of business was being done and 
the streets were so crowded as to be hardly safe. The native popula- 
tion was quiet and orderly and all fear of an uprising had long since 


passed. An efficient corps of native policemen was on duty. A system 
of public schools, in which English was taught, had been advocated by 
the commission and established by General Otis. Some 6,000 scholars 
were in attendance. 

In the Tagalog provinces of Luzon, where the anti-American feel- 
ing had been strongest, public sentiment had greatly changed, as 
evidenced by the fact that the military governor of Batangas had 
offered to surrender his troops and his province if we would only send 
a small force there. The Bicols, in southern Luzon, had risen against 
their Tagalog masters. The Macabebes were clamoring for an oppor- 
tunity to fight in our ranks, and native soldiers and scouts were already 
serving under General Lawton. Stories of the corruption of insurgent 
officers were becoming daily more common and the disintegration of 
the enemy's forces was steadil}' progressing. The hope of assistance 
from outside sources seemed to be all that held them together. 


Should it be thought that too much attention has been paid in this 
preliminary report to the island of Luzon, it may be replied that the 
rebellion is essentially Tagalog, and that when it ends in Luzon it must 
end throughout the archipelago. It should, however, be mentioned 
that a member of the commission visited the southern islands of the 
archipelago and held conferences with their principal officials. The 
only island, apart from Luzon, where serious trouble threatens is 
Pana}", to which a considerable force of Tagalog soldiers was sent 
before the outbreak of hostilities. Many of the Visa3^ans of this 
island are opposed to the Tagalogs, however, and it is not believed 
that the latter can make a formidable resistance. In Samar, Leyte, 
and Masbate the Tagalog invaders are numerically few and are dis- 
liked by the natives of these islands, whom they have oppressed. We 
were assured that 200 men would suffice to restore order in Mindoro. 
Bohol was asking for troops. The Calamianes islanders had sent word 
that they would welcome us. There can be no resistance in Palawan. 
Satisfactory relations had already been established with the warlike 
Moros, whose sultan had pre\dously been conciliated by a member of 
the commission, and in Mindanao this tribe had even taken up our 
cause and attacked the insurgents, of whom there are very few in the 
island. In Cebu we have only to reckon with the lawless element, 
which has never been ver}^ formidable there. 


The island of Negros is deserving of special mention. Its civilized 
inhabitants are exceptionally prosperous and enlightened. They had 
the good sense to keep out Tagalog adventurers and retain control of 
their own affairs, adopting for themselves a somewhat complicated form 
of government and electing officials and a congress. Before our arrival 
at Manila thev had raised the American flag, sent a delegation to Gen- 
eral Otis, and placed their island unconditionally in our hands, tiskuig 
for American aid and protection. They believed themselves capable of 
managing their own aflairs, but asked for a battalion of troops to hold 
in check the Babavlanes, a half -religious, half-anarchistic sect nihabit- 
ing the central mountain range, who for a number of years have pluu- 


dered and burned the plantations of the Spaniards and civilized 

The battalion of troops was furnished. The people of Negros were 
authorized to proceed with their experiment in government and were 
promised all possible aid and assistance; but they proved unable to 
carry out their programme, although aided by our soldiers and by the 
friendly advice of their commander, General Smith, They were obliged 
to ask for a second and finally a third battalion of troops. After the 
lapse of a few months thev began to accuse their own officials of dis- 
honest}-, and to complain that the commander of the native forces dom- 
inated the governor. Dissatisfaction became general. Fortunately, 
Americans remained popular, and the better element began to ask why 
we did not take control and help them out of their difficulties. The 
people demanded a new election, believing that the trouble lay with 
their officials, but as the best men of the island were alread}^ in office 
it was evident that relief could not be had by this means. At the 
request of General Otis, the commission prepared a new and simpli- 
fied scheme of government for the island, giving the people a large 
voice in their affairs, but placing an American in full control. The 
main features of this plan had already been explained to leading people 
of the island by a member of the commission in person, and their 
approbation secured. This S3^stem has just been put into operation. 
The people are satisfied and public order is better in the island to-day 
than at any time during the last twenty years. 

The flat failure of this attempt to establish an independent native 
government in Negros, conducted as it was under the most favorable 
circumstances, makes it apparent that here, as well as in the less favored 
provinces, a large amount of American control is at present absolutely 
essential to a successful administration of public affairs. 


The efforts of the militarj^ authorities, acting under the instructions 
of the President, to prevent an outbreak of hostilities with the Fili- 
pinos have already been described. The fighting began while the civil 
members of the commission were on the way to the Philippines bear- 
ing the instructions of the President to make known to the inhabitants 
the peaceful and beneficent intentions of the United States. The 
irjsurgents' rash and wholly unjustifiable appeal to arms did not prevent 
the commission from entering upon their labors, though it greatly 
restricted the area of their operations. On the 4th of April they issued 
a proclamation, setting forth the principles by which the United States 
would be guided in exercising the sovereignty which Spain had ceded 
to us over the Philippine Islands, and assuring the people not onlv of 
their rights and privileges, but also of the largest participation in gov- 
ernment which might be found compatible with the general welfare 
and reconcilable with the sovereign rights and obligations of the 
United States. The proclamation had a good effect in Manila and in 
the adjacent parts of Luzon and in the island of Negros and such 
other places as were open to its reception. Indeed, the public senti- 
ment of Manila, which in March had been strongh^ anti- American, 
underwent a palpable change, and currents of peace and conciliation 
were set in motion until they found a response in the ranks of the 
insure-ents themselves. 


Aguinaldo sent a delegation to Manila to confer with the Commis- 
sion, and while the commission steadfastly refused to discuss his pro- 
posal to suspend hostilities, as being- a militarv matter, assurances 
were given of the beneficent purposes of the United States and the 
President's readiness to grant the Philippine peoples as large a meas- 
ure of home rule and as ample liberties as were consistent with the 
ends of government, subject only to the recognition of the sovereignty 
of the United States — a point which, being established, the commis- 
sion invariably refused even to discuss. 

The so-called congress of Aouinaldo voted for a peaceful settlement 
on the basis of the commission's proclamation; and Ma})ini, the irrec- 
oncilable head of the so-called cal)inct, Avas replaced by Paterno, the 
former mediator between the Spanish Government and Aguinaldo. 
But nothing came of negotiations, as Aguinaldo's emissaries were 
without powers, and merely came and came again for information. The 
•courteous reception accorded to them by the commission, the fullness 
of the information conmumicated to them, the assurances of a liberal 
form of government when thev laid down their arms, and the earnest 
appeals to them to stop further bloodshed in a struggle which could 
onl}^ end in their defeat all witness to the spirit of patient concilia- 
tion exhibited by the commission in endeavoring to reach an amicaK)le 
adjustment with the insurgents and the obduracy of Aguinaldo in con- 
tinuing forcible resistance and in refusing even to outline terms which 
might be compared with the terms offered or with the concessions 
which the superior power might have been willing to make. No bet- 
ter proof could be furnished that the primary object of this struggle 
is not, as is pretended, the liberty of the Philippine peoples, but the 
continuance of his own arbitrary and despotic power. In any event, 
the American people ma}' feel confident that no effort was omitted by 
the Commission to secure a peaceful end of the struggle, but the 
opportunities they offered and urged were all neglected, if not, indeed, 


To what extent the Filipinos are capable of governing themselves 
is a problem which occupied the diligent and earnest attention of 
the commission for several months, in the course of which a great 
number of witnesses were examined. These witnesses represented all 
shades of political thought, all classes of the population, all varieties 
of occupation, and all important differences of tribe and locality. The 
commission also made a careful study of Spanish goxernmental insti- 
tutions, both in Luzon and in the southern islands, as well as of the 
organic laws under which they were established and by which their 
operations were regulated and controlled. At the same time the com- 
mission, by mingling freely with the Filipinos in Luzon and other 
parts of the archipelago, endeavored to understand their character and 
aptitudes and to appreciate the needs and aspirations of the peoples 
for whose benefit a new system of government was to be framed. 

The most striking and perhaps the most significant fact in the entire 
situation is the multiplicity of tribes inhabiting the archipelago, the 
diversitv of their languages (which are mutually unintelligible), and 
the nuiltifarious phases of civilization — ranging all the way from the 
highest to the lowest — exhibited by the natives of the several provinces 


and islands. In spite of the sfeneral use of the Spanish language by 
the educated classes and the considerable similarity of economic and 
social conditions prevalent in Luzon and the Visayan Islands, the masses 
of the people are without a common speech and they lack the senti- 
ment of nationality. The Filipinos are not a nation, but a variegated 
assemblage of different tribes and peoples, and their loyalty is still of 
the tribal type. 

As to the general intellectual capacities of the Filipinos, the commis- 
sion is disposed to rate them high ; but excepting in a limited number 
of persons these capacities have not been developed by education or ex- 
perience. The masses of the people are uneducated. That intelligent 
public opinion on which popular government rests does not exist in 
the Philippines, and it can not exist until education has elevated the 
masses, broadened their intellectual horizon, and disciplined their 
faculty of judgment. And even then the power of self-government 
can not be assumed without considerable previous training and experi- 
ence under the guidance and tutelage of an enlightened and liberal 
sovereign power. 

For the bald fact is that the Filipinos have never had anj' experience 
in governing themselves. The laws for the archipelago were all made 
in Madrid. The judges who interpreted and applied them were all sent 
out from Spain. And as the legislative and judicial jurisdiction over 
the Philippines was vested absoluteh^ in Spain, so the executive and 
administrative branches of the government were, with the exception of 
the lowest officials, completely in Spanish hands. 

It goes without saying that the governor-general was appointed by 
the Spanish Government. He was assisted by a council of administra- 
tion, whose members were in part appointed by the Spanish Govern- 
ment and in part elected by the provisional juntas, which the Spanish 
Government controlled. Spain also appointed the governor of every 
province; and of the council or junta which assisted the governor only 
the minority of the members were elected, and these not by the people 
at large, but by the heads or mayors ("municipal captains") of the 
towns of the province. Thus it was that neither in the government of 
the province nor in the general government of the archipelago had the 
inhabitants of the Philippines any control and scarcely even a voice. 
Indeed, those provincial councils, for which the heads of the munici- 
palities were permitted to elect a minority of the members, had onl}^ 
advisory powers in relation to the governor, whose decision in all mat- 
ters was supreme, and, besides advising the governor, the councils had 
no other function but to inspect the administration of the affairs of the 

Even the municipal councils were, therefore, not bodies controlled by 
■ the people. In addition to constant inspection and direction from the 
provincial junta, every municipal council was liable to warning, admoni- 
tion, fines, and suspension at the hands of the governor of the province. 
And to make th^ control from above still more effective the governor- 
general exercised jurisdiction over all the municipal tribunals, and was 
vested with power to discharge members or even the entire tribunal 

Even when municipal government had been thus circumscribed the 
masses of the people had no share in it. Suffrage was limited to the 
"principal people" of the town, and elections were indirect. The 
"principal people" were present and past officeholders and persons 


paj'ino- fifty dollars land tax. The "principal people."" as thus consti- 
tuted, elected by ])allot twelve delegates, and these elected the munici- 
pal tribunal, Avhich actually' g-overned the town. 

This is all the training in self-government which the inhabitants of 
the^ Philippine Islands have enjoyed. Their lack of education and 
political experience, combined with their racial and linguistic diversi- 
ties, disqualify them, in spite of their mental gifts and domestic vir- 
tues, to undertake the task of governing the archipelago at the present 
time. The most that can be expected of them is to cooperate with the 
Americans in the administration of general affairs, from Manila as a 
center, and to undertake, subject to American control or guidance (as 
may be found necessar}-), the administration of provincial and nuuiici- 
pal affairs. Fortunately, there are educated Filipinos, though they do 
not constitute a large proportion of the entire population, and their sup- 
port and services will be of incalcidable value in inaugurating and 
maintaining the new government. As education advances and experi- 
ence ripens, the natives may be intrusted with a larger and more 
independent share of government — self-government, as the American 
ideal, being constantly kept in view as the goal. In this way Amer- 
ican sovereignty over the archipelago will prove a great political boon 
to the people. 

Should our jfower bv any fatality be withdrawn, the commission 
believe that the government of the Philippines would speedily lapse 
into anarchy, which would excuse, if it did not necessitate, the inter- 
vention of other powers and the eventual division of the islands among 
them. Only through American occupation, therefore, is the idea of a 
free, self-governing, and united Philippine commonwealth at all con- 
ceivable. And the indispensable need from the Filipino point of view 
of maintaining American sovereignt}^ over the archipelago is recognized 
by all intelligent Filipinos and even by those insurgents who desire an 
American protectorate. The latter, it is true, would take the revenues 
and leave us the responsibilities. Nevertheless, they recognize the 
indubitable fact that the Filipinos can not stand alone. Thus the wel- 
fare of the Filipinos coincides with the dictates of national honor in 
forbidding our abandonment of the archipelago. We can not from any 
point of view escape the responsibilities of government which our sov- 
ereignty entails ; and the commission is strongly persuaded that the 
perforruance of our national duty will prove the greatest blessing to 
the peoples of the Philippine Islands. 


The commission is not willing to close this statement without paying 
just tribute to our sailors and soldiers. The presence of AdminU 
Dewey as a member of this body makes it unfitting to dwell on his 
personal achievements, but he joins with us in eulogy of his comrades. 
We were fortunate in witnessing some of the many brave deeds of our 
soldiers. All that skill, courage, and patient endurance can do has 
been done in the Philippines. We are aware that there are those who 
have seen tit to accuse our troops of desecrating churches, murdering 
prisoners, and committing unmentionable crimes. To those who derive 
satisfaction from seizing on isolated occurrences— regrettable, indeed, 
but incident to every war— and making them the basis of sweeping 
accusations, this commission has nothing to say. Still less do we 


feci called upon to answer idle tales without foundation in fact. 
But for the satisfaction of those who have found it difficult to under- 
stand why the transporting of American citizens across the Pacific 
Ocean should change their nature, we are glad to express the belief 
that a war was never more humanely conducted. Insurgents wounded 
were repeatedly' succored on the field by our men at the risk of their 
lives. Those who had a chance for life were taken to Manila and ten- 
derly' cared for in our hospitals. If churches were occupied, it was 
only as a military necessitv, and frec^uently after their use as forts by 
the insurgents had made it necessary to train our artillery upon them. 
Prisoners were taken whenever opportunity oft'ered. often onh' to be 
set at liberty after being disarmed and fed. Up to the time of our 
departure, although numerous spies had been captured, not a single 
Filipino had been executed. Such wrongs as were actually committed 
against the natives were likel}^ to be brought to our attention, and in 
every case that we investigated we found a willingness on the part of 
those in authority to administer prompt justice. 


Rich in agricultural and forest products, as well as in mineral wealth, 
commanding in geographical position, the Philippine Islands should 
soon become one of the great trade centers of the East. New steam- 
ship lines, established since the American occupation, already connect 
Manila with Australia, India, and Japan. She will become the natural 
terminus of many other lines when a ship canal connects the Atlantic 
with the Pacific, and yet others will inevitably be attracted by the 
development of the Philippine coal deposits. The building of a short 
railway has recently doubled the rice crop of the archipelago. It can 
not be doubted that under an efficient administration of domestic afi'airs, 
commerce will greatly increase, and the United States will reap a large 
share in this increment. Manila, with the immunity which it has thus 
far enjoj'ed from that terrible pest, the bubonic plague, should become 
a distributing center for China, Siam, the Straits Settlements, Tonquin, 
Annam, and Australia. 

Our control means to the inhabitants of the Philippines internal 
peace and order, a guaranty against foreign aggression and against 
the dismemberment of their country, commercial and industrial pros- 
perity, and as large a share in the affairs of government as they shall 
prove fit to take. When peace and prosperitv shall have been estab- 
lished throughout the archipelago, when education shall have become 
general, then, in the language of a leading Filipino, his people will, 
under our guidance, ""become more American than the Americans 

Washington, November 2, 1899. 

j. g. schurman. 
George Dewey. 
Charles Denby. 
Dean C. Worcester. 

Exhibit II. 



Department of State, 
Washington^ January 21, 1899. 
My Dear Sir: I inclose herewith a copy of the instructions which 
the President has drawn up for the guidance of yourself and your 
associates as commissioners to the Philippines. 
I am, with great respect, sincerely yours, 

John Hay. 
Hon. Jacob G. Schurman, 

The Arlington. 

Executive ^Mansion, 
Washington, Januainj 20, 1899. ,' 
The Secretary of State: 

My communication to the Secretary of War, dated December 21, 
1898, declares the necessity of extending the actual occupation and 
administration of the city, harbor, and bay of ^Manila to the whole of 
the territory which by the treaty of Paris, signed on December 10, 
1898, passed* from the sovereignty of Spain to the sovereignty of the 
United States, and the consequent establishment of military govern- 
ment throughout the entire group of the Philippine Islands. While 
the treaty has not yet been ratified, it is believed that it will be by the 
time of the arrival at Manila of the commissioners named below. In 
order to facilitate the most humane, pacific, and effective extension of 
authority throughout these islands, and to secure, with the least possi- 
ble delay, the benefits of a wise and generous protection of life and 
property to the inhabitants, 1 have named Jacob G. Schurman, Rear- 
Admiral George Dewey, Maj. Gen. Elwell S. Otis, Charles Denby, 
and Dean C. Worcester to constitute a commission to aid in the 
accomplishment of these results. 

In the performance of this duty, the commissioners are enjoined to 
meet at the earliest possible day in the city of Manila and to announce, 
by a public proclamation, their presence and the mission intrusted to 
them, carefully setting forth that, while the military government 
already proclaimed is to be maintained and continued so long as neces- 
sity may require, eflorts will be made to alleviate the burden of taxa- 
tion, to"^establish industrial and commercial prosperity, and to provide 
for the safety of persons and of property by such means as may be 

found conducive to these ends. 



The commissioners will endeavor, without interference with the 
military' authorities of the United States now in control of the Philip- 
pines, to ascertain what amelioration in the condition of the inhabitants 
and what improvements in public order ma}' be practicable, and for 
this purpose they will study attentively the existing social and politi- 
cal state of the various populations, particularly as regards the forms 
of local government, the administration of justice, the collection of 
customs and other taxes, the means of transportation, and the need of 
public improvements. They will report through the Department 
of State, according to the forms customary or hereafter prescribed for 
transmitting and preserving such communications, the results of their 
observations and reflections, and will recommend such executive action 
as may from time to time seem to them wise and useful. 

The commissioners are hereby authorized to confer authoritatively 
with any persons resident in the islands from whom they may believe 
themselves able to derive information or suggestions valuable for the 
purposes of their commission, or whom they may choose to employ as 
agents, as may be necessarj^ for this purpose. 

The temporar}' government of the islands is intrusted to the military 
authorities, as alreadv provided for by my instructions to the Secretary 
of War of December 21, 1898, and will continue until Congress shall 
determine otherwise. The commission may render valuable services 
by examining with special care the legislative needs of the various 
groups of inhabitants, and by reporting, with recommendations, the 
measures which should be instituted for the maintenance of order, 
peace, and public welfare, either as temporary steps to be taken imme- 
diatelv for the perfection of present administration, or as suggestions 
for future legislation. 

In so far as immediate personal changes in the civil administration 
may seem to be advisable, the commissioners are empowered to recom- 
mend suitable persons for appointment to these offices from among the 
inhabitants of the islands who have previously acknowledged their 
allegiance to this Government. 

It is uw desire that in all their relations with the inhabitants of the 
islands the commissioners exercise due respect for all the ideals, cus- 
toms, and institutions of the tribes which compose the population, 
emphasizing upon all occasions the just and beneficent intentions of 
the Government of the United States. It is also my wish and expec- 
tation that the commissioners may be received in a manner due to the 
honored and authorized representatives of the American Republic, 
duly commissioned on account of their knowledge, skill, and integrity 
as bearers of the good will, the protection, and the richest blessings of 
a liberating rather than a conquering nation. 

William McKinley. 

Exhibit ITT. 

letters brought by arguelles to the 


San Isidro, April 29, 1899. 

Honorable (tentlemen: The Philippine people, throuo-h its o-o\^- 
ernment, makes known to the Commission that it has not yet lost its 
confidence in the friendship, justice, and magnanimity of the North 
American nation. 

It feels itself weak before the advance of the American troops, 
whose valor it admires, and in view of the superiority of their organi- 
zation, discipline, fighting- material, and other resources, does not feel 
humiliated in soliciting peace, invoking the generous sentiments of the 
Government of the North American people, worthih' represented by 
the Commission, and the sacred interests of humanity. 

But the Philippine government, fully convinced that it has not pro- 
voked war, and that it has only employed its arms in defense of the 
integrit}" of its native land, asks for a suspension of hostilities and a 
general armistice in all the Archipelago for the short time of three 
months, in order to enable it to consult the opinions of the people con- 
cerning the government which would be most advantageous, and the 
intervention in it which should be given to the North American gov- 
ernment, and to appoint an extraordinary commission with full powers 
to act in the name of the Philippine people. 

The welfare of this unfortunate country and the triumph of the 
governing party in the United States of America depend upon the 
prompt establishment of peace. We confess ourselves weak, but we 
still possess resources — above all, the unfaltering resolution to prolong 
the war for an indefinite space of time, if the undertaking to dominate 
us b}'^ force is persisted in. 

In laying before the Commission the preceding statements I believe 
that I interpret the sentiments of my President and his government, 
and those of the Philippine people. 

I salute the Commission with the greatest respect. 
Your most obedient servant, 

[seal.] Ap. Mabini. 

The members of the Philippine government have commissioned Col. 
Manuel Arguelles to present and explain to the North American Com- 
mission to the Philippines the folk)wing points: 

First. The Philippine government tinds itself compelled to negotiate 
an armistice and a suspension of hostilities as an indispensa))le means 


188 rp:pokt of the Philippine commission, 

of arriving at peace: In the first place, in order to justify itself before 
its people as having employed all the means in its power to avoid 
the ruin of the country, and, in the second place, to offer to the Com- 
mission a means of putting an end to the war in a manner most honor- 
able to the American Array and most glorious to the government of 
the United States. 

Second. It does not solicit the armistice to gain a space of time in 
which to reenforce itself, nor does it expect aid from Japan nor from 
any other nation, as no government up to the present time has recog- 
nized its belligerency, nor is disposed to injure its relations with 
powerful America, especially as there is nothing to be gained thereby. 
The Philippine government earnestly desiring the felicity of its people, 
while it is still in pursuit of independence, would not insist upon fight- 
ing for its ideal if the Philippine people through its accredited 
representatives should ask for peace and accept autonomy. 

Third. The interests of humanity are at present in harmony with 
those of the North American government, and both ask for a brief space 
of time, however short, in which the Philippine people may reflect 
upon their sad situation and may understand the bases of the autonomy 
which is offered to them. 

Fourth. If, however, this last recourse is denied it, no one can blame 
the Philippine government for the tenacity which it ma}^ show. The 
honor of the army and the happiness of the country will then deter- 
mine the onl}^ line of conduct for it to pursue, namely, to prolong the 
struggle until it reaches the end of its resources. This prolongation 
of the struggle would be fatal to both peoples. 

Let the Commission reflect, then, while there is time, that if the war 
is converted into a national war it would be very difficult to keep it 
within bounds. 

In that case peace would mean the annihilation of the Philippine 
people or that of the imperialistic party of America. 

San Isidro, May 1, 1899. 

Ap. Mabini. 

(Lead pencil note.) If this is refused, notify them that a move will 
be made for foreign intervention upon the grounds of commercial 
interests, which are seriously prejudiced by the prolongation of the 
war, and that a manifesto will be published making known to the world 
the reasons for the war. 

Exhibit IV. 




Don.EMiLio Aguinaldo y ¥ amy ^ President of the Revolutionary Gov- 
ernment of Philippines and Ca2)tain- General and Commander in 
Chief of the Army. 

Know all Philippine citizens: That the assembly of representatives 
of the nation, using its sovereignty^ has decreed, and I have sanc- 
tioned, the political constitution of the estate. 

Therefore I command all the militarj^ and civil authorities of anv 
class or rank to keep it and cause it to be kept, complied with, and 
executed in all its parts, because it is the sovereign will of the Philip- 
pine people. 

Done at Mololos on the 21st day of January in the year eighteen 
hundred and ninety-nine. 

Emilio Aguinaldo. 

The President of the Council: 
Apolinario Mabini. 

We, the representatives of the Philippine people, lawfully invoked, 
in order to establish justice, provide for common defense, promote 
general welfare, and insure the benetits of freedom, imploring the aid 
of the Sovereign Legislator of the Universe in order to attain these 
purposes, have voted, decreed, and sanctioned the following— 

FiKST Title. 


Article 1. The political association of all the Filipinos constitutes 
a nation, the estate of which is denominated Philippine Republic. 
Art. 2. The Philippine Republic is free and independent. 
Art. 3. Sovereignty resides exclusively in the people. 


190 repokt of the philippine commission. 

Second Title. 

the government. 

Art. 4. The government of the republic is popular, representative, 
alternative and responsible, and is exercised by three distinct powers, 
which are denominated legislative, executive and judicial. Two or 
more of these powers shall never be vested in one person or corpora- 
tion; neither shall the legislature be vested in one individual alone. 

Third Title. 


Art. 5. The state recognizes the equalitj' of all religious worships 
and the separation of the church and the state. 

Fourth Title. 

the filipinos and their national and individval rights. 

Art. 6. The following are Filipinos: 

1. All persons born in Philippine territory. A vessel flying the 
Philippine flag shall, for this purpose, be considered a portion of the 
Philippine territory. 

2. The offspring of a Filipino father and mother although born out- 
side the Philippine territory. 

3. Foreigners who have obtained certificates of naturalization. 

4. Those who, without it, may have gained "vecindad" (residence) 
in an}^ town of the Philippine territory. 

It is understood that residence is gained by staying two years with- 
out interruption in one localit}^ of the Philippine territory, having an 
open abode and known mode of living and contributing to all the 
charges of the nation. 

The nationality of the Filipino is lost in accordance with the laws. 
(S. C. C, 1st Title, 1st Art; S. C, 1st Title, 1st Art.) 

Art. 7. No Filipinos nor foreigner shall be arrested nor imprisoned 
unless on account of crime, and in accordance with the laws. (S. C, 
4th Art.) 

Art. 8. An}^ person arrested shall be discharged or delivered over 
to the judicial authority within twenty -four hours following the arrest. 
(S. C, 4th art.) 

Any arrest shall be held without effect or shall be carried to com- 
mitment Avithin seventy-two hours after the detained has been deliv- 
ered over to a competent judge. 

The party interested shall receive notice of the order which may be 
issued within the same time. (S. C, 4th art.) 

Art. 9. No Filipino can become a prisoner unless by virtue of the 
mandate of a competent judge. 

The decree by which may be issued the mandate shall be ratified or 
confirmed, having heard the presumed criminal within seventy-two 
hours following the act of commitment. (S. C, 5th art.) 

Art. 10. No one can enter the domicile of a Filipino or foreign 
resident in the Philippines without his consent, except in urgent cases 


of fire, flood, earthquake, or other similar danger, or of unlawful 
aggression proceeding from within or in order to assist a person within 
calling for help. 

Outside of these cases, the entrance in the domocile of a Filipino or 
foreign resident of the Philippines and the searching of his papers or 
effects can only be decreed by a competent judge and executed during 
the day. 

The searching of the papers and effects shall take place always in 
the presence of the party interested or of an individual of his family, 
and, in their absence, of two resident witnesses of the same place. 

Notwithstanding, when a delinquent may be found, in '''' jfagranti" 
and pursued l)y the authority with its agents, may take refuge in his 
domicile, he ma}^ be followed into the same only for the purpose of 

If he should take refuge in the domicile of another, notification to 
the owner of the latter shall precede. (S. C, 6th art.) 

Art. 11. No Filipino can be compelled to make change of his domi- 
cile or residence unless bv virtue of an executive sentence. (S. C, 
9th art.) 

Aet. VI. In no case can there be detained nor opened by the govern- 
ing authority' the correspondence confided to the post-oflice, nor can 
that of the telegraph or telephone be detained. 

But, by virtue of a decree of a competent judge, can be detained 
any correspondence and also opened in the presence of the accused 
that which ma}' be conveyed by the post-oflice. (S. C, Tth art.) 

Art, 13. An}- decree of imprisonment, of search of abode, en* of 
detention of the correspondence written, telegraphed, or telephoned, 
shall be justified. 

When the decree may fall short of this requisite, or when the motives 
in which it mav be founded may be judicially declared unlawful or 
notoriously insuflicient, the person who may have been imprisoned, or 
whose imprisonment may not have been ratified within the term pre- 
scribed in art. 9, or whose domicile may be forcibly entered, or whose 
correspondence may be detained, shall have the right to demand the 
responsibilities which ensue. (S. C, 8th art.) 

Art. 14. No Filipino shall be prosecuted nor sentenced, unless by a 
judge or tribunal to Avhom, by virtue of the laws which precede the 
crime, is delegated its cognizance, and in the form which the latter 
prescribe. (S. C, 16th art.) 

Art. 15. Any person detained or imprisoned, without the legal for- 
malities, unless in the cases provided in this conslitution. shall be dis- 
charged upon their own petition or that of any Filipino. 

The laws shall determine the form of proceeding summarily in this 
case, as well as the personal and pecuniary penalties incurred by him 
who may order, execute, or cause to be executed, the illegal detention 
or imprisonment. 

Art. 16. No person shall be deprived temporarily or permanently 
of his property or rights, nor disturbed in the possession of them, 
unless bv virtue of a judicial sentence. (S. C, 10th art.) 

Those"^ functionaries who under any pretext infringe this provision 
shall be personallv responsible for the damage caused. 

Art. 17. No pe'rson shall be deprived of his property unless through 
necessitv and common welfare, previously justified and declared by 


the proper authorit}^, providing indemnity to the owner previous to 
the deprivation. (S. C, 10th art.) 

Art. 18. No person shall be obliged to pay contribution which may 
not have been voted by the assembly or by the popular corporations 
legally authorized to impose it, and which exaction shall not be made in 
the form prescribed by law. (S. C, 3d art.) 

Art. 19. No Filipino who may be in the full enjoyment of his civil 
and political rights shall be hindered in the free exercise of the same. 

Art. 20. Neither shall any Filipino be deprived of: 

1. The right of expressing liberally his ideas and opinions either by 
word or by writing, availing himself of the press or of any other 
similar means 

2. The right of associating himself with all the objects of human 
life which may not be contrarj^ to public morality ; and, finally, 

3. Of the right to direct petitions, individually or collectively, to 
the public powers and to the authorities. 

The right of petition shall not be exercised by any class of armed 
force. (S. C, 15th art.) 

Art. 21. The exercise of the rights expressed in the preceding 
article shall be subject to the general provisions which regulate them. 

Art. 22. Those crimes which are committed upon the occasion of 
the exercise of the rights granted in this title shall be punished by the 
tribunals in accordance with the common laws. 

Art. 23. Any Filipino can found and maintain establishments of 
instruction or of education, in accordance with the provisions which 
are established. 

Popular education shall be obligatory and gratuitous in the schools 
of the nation. (S. C, 12th art.) 

Art. 24. Any foreigner may establish himself liberally in the 
Philippine territory, subject to the provisions which regulate the 
matter, exercising therein his industry or devoting himself to any 
profession in the exercise of which the laws may not require diplomas 
of fitness issued by the national authorities. (S. C, 12th art.) 

Art. 25. No Filipino who is in the full enjoyment of his political 
and civil rights shall be hindered from going freely from the terri- 
tory, nor from removing his residence or property to a foreign country, 
except the obligations of contributing to the military service and the 
maintenance of the public taxes. 

Art. 26. The foreigner who may not have become naturalized shall 
not exercise in the Philippines any office which may have attached to 
it authority or jurisdiction. 

Art. 27. Every Filipino is obliged to defend the country with arms 
when he may be called upon by the laws, and to contribute to the 
expenses of the estate (government) in proportion to his property. 
(S. C, 13th art.) 

Art. 28. The enumeration of the rights granted in this title does 
not imply the prohibition of any other not expressly delegated. 

Art. 29. Previous authorization shall not be necessary in order to 
prosecute before the ordinary tribunals the public functionaries, 
whatever may be the crime which they commit. 

A superior mandate shall not exempt from responsibility in cases of 
rnanifest infraction, clear and determinate, of a constitutional pro 
vision. In the other cases it shall exempt only the agents who may 
not exercise the authority. 


Art. 30. The guarantees provided in articles 7, 8, 9, and 10 and 11 
and paragraphs 1 and 2 of the 20th article shall not be suspended in the 
republic nor an}^ part of it, unless temporavily and by means of a law, 
when the security of the estate shall demand it in extraordinary 

It being promulgated in the territory to which it may applj^ the 
special law shall govern during the suspension according to the cir- 
cumstances which demand it. 

The latter as well as the former shall be voted in the national assem- 
bly, and in case the assembly may be closed the government is author- 
ized to issue it in conjunction with the permanent commission without 
prejudice to convoking the former within the shortest time and giving 
them information of what may have been done. 

But neither by the one nor the other law can there be suspended any 
other guarantees than those delegated in the first paragraph of this 
article nor authorizing the government to banish from the country or 
transport an}^ Filipino. 

In no case can the military or civil chiefs establish any other pen- 
alty than that pre^aously prescribed by the law. (S. C, 17th art.) 

Art. 31. In the Philippine republic no one can be tried by private 
laws nor special tribunals. No person can have privileges nor enjoy 
emoluments which may not be compensation for public service and 
which are fixed by law. "El fuero de guerra y mariana" (the juris- 
diction, privileges, and powers of army and navy) shall extend solely 
to the crimes and faults which may have intimate connection with 
the military and maritime discipline. 

Art. 32. No Filipino can establish "mayorazgos" now institutions 
" vinculadoras " (title of perpetual succession by eldest son nor insti- 
tutions entailed) of property, nor accept honors, '' condecoraciones" 
(insignia or decoration of orders) or titles of honor and nobilit}^ from 
foreign nations without the authorization of the government. 

Neither can the government establish the institutions mentioned in 
the preceding paragraph, nor grant honors " condecoraciones " or titles 
of honor and nobility to any Filipino. 

Notwithstanding the nation may reward by a special law, voted by 
the assembly, eminent services which may be rendered by the citizens 
to their country. 

Fifth Title. 

legislative power. 

Art. 33. The legislative power shall be exercised by an assembly of 
the representatives of the nation. 

This assembly shall be organized in the form and under the condi- 
tions determined by the law which may be issued to that effect. 

Art. 34. The members of the assembly shall represent the entire 
nation, and not exclusivelj^ those who elect them. 

Art. 35. No representative shall be subjected to any imperative 
mandate of his electors. 

Art. 36. The assembly shall meet every year. It is the prerogative 
of the President of the republic to convoke it, suspend and close its 
sessions and dissolve it, in concurrence with the same or with the per- 
manent commission in its default, and within legal terms. 
S. Doc. 138 13 


Art. 37. The assembly shall be open at least three months each year, 
not including in this time that which is consumed in its organization. 

The President of the republic shall convoke it, at the latest, by the 
16th of April. 

Art. 38. In an extraordinary case he can convoke it outside of the 
legal period, with the concurrence of the permanent commission, and 
prolong the legislature, when the term does not exceed one month nor 
takes place more than twice in the same legislature. 

Art. 39. The national assembly, together with the extraordinary 
representatives, shall form the constituents in order to proceed to the 
modification of the constitution and to the election of the new Presi- 
dent of the republic, convoked at least one month previous to the ter- 
mination of the powers of the former. 

In the case of the death or of the resignation of the President of the 
republic, the assembly shall meet immediately by its own right and at 
the request of its president or of that of the permanent commission. 

Art. 40. In the meantime, while the appointment of the new Presi- 
dent of the republic proceeds, the president of the supreme court of 
justice shall exercise his functions, his place being filled by one of the 
members of this tribunal, in accordance with the laws. 

Art. 41. Any meeting of the assembly which may be held outside of 
the ordinary period of the legislature shall be null and void. That 
which is provided by art. 39 is excepted, and in that the assembly is con- 
stituted a tribunal of justice, not being allowed to exercise in such case 
other than judicial functions. 

Art. 42. Thesessionsof the assembly shall be public. Notwithstand- 
ing, they can be secret at the petition of a certain number of its indi- 
viduals, fixed by the regulations, it being decided afterwards by an 
absolute majority of the votes of the members present whether the 
discussion of the same matter be continued in public. 

Art. 43. The President of the republic shall communicate with the 
assembly by means of messages, which shall be read from the rostrum 
by a secretary of the government. 

The secretaries of the government shall have entrance into the 
assembly, with the right to the floor whenever they ask it, and shall 
cause themselves to be represented in the discussion of any particular 
project by commissioners designated by decree of the President of the 

Art. 44. The assembly shall constitute itself a tribunal of justice in 
order to try the crimes committed against the security of the estate 
by the President of the republic and individuals of the Counsel of Gov- 
ernment, by the President of the Supreme Court of Justice, by the 
Procurer-General of the nation by means of a decree of the same, or 
of the permanent commission in its absence, or of the President of the 
republic at the proposal of the Procurer-General, or of the counsel 
of the government. 

The laws shall determine the mode of procedure for the accusation, 
preparation for trial, and pardon. 

Art. 45. No member of the assembly can be prosecuted nor molested 
for the opinions which he ma}^ express nor for the votes which he may 
cast in the exercise of his ofiice. 

Art. 46. No member of an assembly can be prosecuted in a criminal 
matter without authorization of the same, or of the permanent com- 


mission, to whom shall immediately be given information of the act 
for proper disposition. 

The arrest, detention, or apprehension of a member of the assembly 
can not take place without previous authorization of the same or of 
the permanent commission ; but having once notified the assembly of 
the decree of arrest, shall incur responsibility if, within two days fol- 
lowing the notification, it may not authorize the arrest or give reasons 
upon which its refusal is founded. 

Art. 47. The national assembly shall have besides the following 
powers : 

1. To frame regulations for its interior government. 

2. To examine the legality of the elections and the legal qualifica- 
tions of the members elected. 

3. Upon its organization to appoint its President, Vice-President, 
and secretaries. 

Until the assembly may be dissolved, its President, Vice-Presidents, 
and secretaries shall continue exercising their offices during the four 
legislatures; and 

4. To accept the resignations presented by its members, and grant 
leaves of absence subject to the regulations. (S. C, 34th and 35th 

Art, 48. No project can become a law before being voted upon by 
the assembly. 

In order to pass the laws there shall be required in the assembly at 
least a fourth part of the total number of members, whose elections 
may have been approved and who may have taken the'oath of oflice. 

Art. 49. No proposed law can be approved by the assembly with- 
out having been voted upon as a whole, and article by article. 

Art. 50. The assemblies shall have the right of censure and each 
one of its members the right to be heard. 

Art. 51. The proposal of the laws belongs to the President of the 
republic and to the assembly. 

Art. 52. The representative of the assembly who accepts of the 
government pension, employment, or commission with a salary, shall 
be understood to have renounced his office. 

The employment of the secretary of the government of the republic 
and other offices prescribed in special laws are excepted from this pro- 
vision. (S. C, 31st art.) 

Art. 53. The ofiice of representative shall be for a term of four 
years, and those who may exercise it have the right, by way of indem- 
nity, according to the circumstances, to a sum determined by the law. 

those who may absent themselves during the whole of the legisla- 
ture shall not be"^entitled to this indemnity, but will recover this right 
if they assist in those which follow. 

Sixth Title. 

the permanent commission. 

Art. 54. The assembly, before the closing of its sessions, shall elect 
seven of its members in order to constitute a permanent commission 
during the period of its being closed, the latter being obliged in its 
first session to designate a president and secretary. 


Art. 55. The following are the functions of the permanent commis- 
sion in the absence of the assembl}^: 

1. To declare whether or not there is sufficient reason to proceed 
against the President of the republic, the representatives, secretaries 
of the government. President of the Supreme Court of Justice, and 
the Procurer-General in the cases provided by this constitution. 

2. To convoke the assembly to an extraordinary^ meeting in those 
cases in which it should constitute a tribunal of justice. 

3. To transact the business which may remain pending for con- 

4. To convoke the assembly to extraordinary sessions when the 
exigency of the case may demand ; and 

5. To substitute the assembly in its functions in accordance with the 
constitution, exception being made of the right to make and pass the 

The permanent commission shall meet whenever it may be convoked 
by him who presides in accordance with this constitution. 

Seventh Title. 

the executive power. 

Art. 56. The executive power shall reside in the President of the 
republic, who exercises it through his secretaries. 

Art. 57. The conduct of the interests peculiar to the towns, the 
provinces, and of the estate belonging respectivel}^ to the popular 
assemblies, to the provincial assemblies, and to the active adminis- 
tration, with reference to laws, and upon the basis of the most ample 
" desceb-trakizacion '' (distribution) and administrative autonomy. 

Eighth Title. 

the president of the republic. 

Art. 58. The president of the republic shall be elected by an abso- 
lute majority of votes by the assembl3^and the representative specially 
met in constitutive chamber. 

His term of office shall be for four years and he will be reeligible. 

Art. 59. The President of the Republic shall have the proposal of 
the laws as well as the members of the assembly, and shall promulgate 
the laws when they have been passed and approved b}^ the latter and 
shall watch over and insure their execution. 

Art. 60. The power of causing the laws to be executed extends itself 
to all that which conduces to the conservation of public order in the 
interior and the international security. 

Art. 61. The President of the Republic shall promulgate the laws 
within twenty da} s following the time when they have been transmitted 
by the assembly definitely approved. 

Art. 62. If within this time they may not be promulgated, it shall 
devolve upon the President to return them to the assembly with justi- 
fication of the causes of their detention, proceeding in such case to 
their revision, and it shall not be considered that it insists upon them, 
if it does not reproduce them by a vote of at least two-thirds of the 


members of the assembly present. Reproducing the law in the form 
indicated the, government shall promulgate it within ten days, announc- 
ing his nonconformity. 

In the same manner the government shall become obligated if he 
allow to pass the term of twenty days without returning the law to the 

Art. 63. When the promulgation of a law may have been declared 
urgent by a vote expressed by an al>solute majority of the votes of the 
assembly the President can call upon them by a message, stating his 
reasons for a new deliberation, which can not I>e denied, and the same 
law being approved anew, shall be promulgated within the legal term, 
without prejudice to the President's announcing his nonconformity. 

Akt. 04. The promulgation of the laws shall take place by means of 
their publication in the official periodical of the republic and shall take 
effect after thirty days from the date of pul)lication. 

Art. 65. The President of the Republic shall have command of the 
army and nav}^, making and ratifying treaties of peace, with the pre- 
vious concurrence of the assembly. 

Art. 6io. Treaties of peace. shall not be binding until passed by the 

Art. 6T. In addition to the necessary powers for the execution of 
the laws, the President of the Republic shall have the following: 

1. To confer civil and military employment with reference to the 

2. To appoint the secretaries of the government. 

3. To direct diplomatic and commercial relations with foreign 

4. To see to it that in the entire territory may be administered 
speedy and complete justice. , 

5. to pardon delinquents in accordance with the laws, excepting the 
provision relative to the secretaries of the government. 

6. To preside over national assemblies and to receive the envoys and 
representatives of the foreign powers authorized to meet him. 

Art. 6S. The President of the Republic shall need to be authorized 
by a special law: 

1. In order to alienate, cede, or exchange any part of the Filipino 

2. In order to annex any other territory to that of the Philippines. 

3. In order to admit foreign troops into the Philippine territory. 

4. In order to ratify treaties of alliance, offensive and defensive; 
special treaties of commerce — those which stipulate to give subsidy to 
a foreign power — and all those which may bind individually the Fili- 

In no case can the secret articles of a treaty derogate those w^hich 
are public. 

5. In order to grant amnesties and general pardons. 

6. In order to coin money. (S. C, 55th art.) ^ . 

Art. 69. To the President of the Republic belongs the power of dic- 
tating regulations for compliance and application of the laws in accord- 
ance with the requisites which the same prescribe. (8. C, 54th art.) 

Art. To. The President of the Republic can, with the previous con- 
currence adopted by a majority of the votes of the representatives, 
dissolve the assembly before the expiration of the legal term of its 


In this case they shall be convoked for new elections within a term 
of three months. 

Art. 71. The President of the Republic shall onh^ be responsible in 
cases of high treason. 

Art. 72. The compensation of the President of the Republic shall be 
fixed b}' a special law, which can not be changed until the end of the 
presidential term of ofiice. 

Ninth Title, 
the secretaries of the government. 

Art. 73. The council of the government shall be composed of a 
President and seven Secretaries, who shall have charge of the offices of 
Foreign Afiairs, Interior, Treasury, Armj^ and Navy, Public Instruc- 
tion, Public Communications and Works, Agriculture, Industry, and 

Art. 74. All that which the President may order or provide in the 
exercise of his authority shall be signed by the Secretary to whom it 
belongs. No public functionary shall give compliance to any which 
lack this requisite. 

Art. 75. The secretaries of the government are responsible jointly 
to the assembly for the general policy of the government and individ- 
ually for their personal acts. 

To the Procurer-General of the nation belongs the accusing of them, 
and to the assembly their trial. 

The laws shall determine the cases of responsibility of the secreta- 
ries of the government, the penalties to which they are subject, and 
the mode of procedure against them. 

Art. 76. If they should be condemned by the assembly, in order to 
pardon them there shall precede the petition of an absolute majority 
of the representatives. 

Tenth Title. 

the judicial POWER. 

Art. 77. To the tribunals belong exclusively the power of applying 
the laws in the name of the nation in civil and criminal trials. 

The same codes shall govern in the entire republic without prejudice 
to modifications which for particular circumstances the laws may 

In them shall not be established more than one jurisdiction for all 
the citizens in common trials, civil and criminal. 

Art. 78. The tribunals shall not apply the general and municipal 
regulations only in so far as they conform with the laws. 

Art. 79. The exercise of the judicial power resides in the Supreme 
Court of Justice and in the tribunals which are prescribed by the laws. 

The composition, organization, and other attributes shall be gov- 
erned by the organic laws which ma}^ be determined. 

Art. 80. The President of the Supreme Court of Justice and the 
"Procurer-General" shall be appointed by the national assembly in 
concurrence with the President of the Repul)lic and Secretaries of the 
government, and shall have absolute independence of the executive and 
legislative powers. 


Art. 81. Any citizen can institute a public prosecution against any 
of the members of the judicial power for the crimes they may commit 
in the exercise of their office. 

Eleventh Title. 

provincial and popcxar assemblies. 

Art. 82. The organization and powers of the provincial and popular 
assemblies will be regulated their respective laws. 
The latter shall be regulated according to the following principles: 

1. Government and management of the interests peculiar to the prov- 
inces or towns, by their respective corporations, the principle of popu- 
lar and direct election being the basis for the organization of said 

2. Publicity of the sessions within the limits prescribed by the laws. 

3. Publicity of the budgets, accounts, and important decisions. 

4. Intervention of the government, and in the proper case of the 
national assembly in order to prevent the provincial and municipal cor- 
porations from exceeding their powers, to the prejudice of general and 
individual interests. 

5. Determination of their powers in the matter of taxes, in order 
that the provincial and municipal taxation may never be antagonistic 
to the system of taxation of State. 

Twelfth Title, 
the administration of state. 

Art. 83. The government shall present yearly to the assembly 
budgets of income and expenses, setting forth the alterations made in 
those of the preceding year and inclosing the balance of the last fiscal 
year in accordance to law. 

When the assembly may meet the budgets will be presented to it 
within ten days following its convening. 

Art. 84. No payment shall be made except in accordance with the 
law of budgets or other special laws, in the form and under the respon- 
sibilities fixed thereby. 

Art. 85. It is necessary that the government be authorized by law 
in order to dispose of the goods and properties of State or to secure a 
loan upon the credit of the nation. 

Art. 86. The public debt which is contracted by the government of 
the republic in accordance with this constitution shall be under the 
special guaranty of the nation. 

No indebtedness shall be created unless at the same time the resources 
with which to pav it are voted. 

Art. 87. All the laws relating to incomes, public expenditures, or 
public credit shall be considered as a part of those of the budgets, and 
shall be published as such. 

Art. 88. The assembly shall fix each year, at the request of the 
President of the Republic, the military forces of land and sea. 

200 eeport of the philippine commission. 

Thirteenth Title, 
reforms in the constitution. 

Art. 89. The assembly, upon its own motion or at the proposal of 
the President of the Republic, can resolve the reform of the constitu- 
tion, prescribing for that purpose the article or articles which should 
be modified. 

Art. 90. The declaration made, the President of the Republic shall 
dissolve the assembly and convoke the ''constituyente" (constituting 
power), which shall meet within three months following. In the con- 
vocation shall be inserted the resolution referred to in the preceding 

Fourteenth Title. 


Art. 91. The President of the Republic, the government, the assem- 
bly, and all the Filipino citizens, shall faithfully guard the constitu- 
tion; and the legislative power, immediately after the approval of the 
law of budgets, shall examine as to whether the constitution has been 
exactl}^ observed and as to whether its infractions have been corrected, 
providing that which is most practicable in order that the responsi- 
bility of the transgressors may be made effective. 

Art. 92. Neither the President of the Republic nor any other public 
functionary can enter upon the performance of his duty without pre- 
viously taking the oath. 

Such oath shall be taken by the President of the Republic before the 
national assembly. 

The other functionaries of the nation shall take it before the author- 
ities determined by law. 

Art. 93. The use of the languages spoken in the Philippines is 
optional. It can only be regulated by the law, and solely as to the 
acts of public authority and judicial afiairs. For the purpose of these 
acts shall be used at present the Castillian language. 

temporary provisions. 

Art. 94. In the meantime, and without prejudice to the 48th article 
and the commissions which may be appointed by the assembl,y for the 
preparation of the organic laws for the development and application 
of the rights granted the Filipino citizens, and for the regime of the 
public powers determined by the constitution, the laws in force in these 
islands before their emancipation shall be considered as the laws of 
the republic. 

In like manner shall be considered in force the provisions of the 
civil code in respect to marriage and civil registry, suspended by the 
general government of the islands; the instructions of the 26th of 
April, 1888, in order to carry into effect articles 77, 78, 79, and 82 of 
said code; the law of civil registry of the 17th of June, 1870, referred 
to by article 332 of the same, and the regulations of the 13th of 
December, 1870, for the execution of this law, without prejudice to 
the local chiefs continuing in charge of the entries in the civil registry 
and intervening in the celebration of the uiarriage of Catholics. 


Art. 95. Pending the approval and enforcement of the laws referred 
to in the preceding article the provisions of the Spanish laws tem- 
porarily enforced by said article may be modified by special laws. 

Art. 96. After promulgating the laws which the assembly may 
approve in accordance with the 94th article, the government of the 
republic is authorized to issue the decrees and regulations necessary 
for the immediate formation of all the organizations of state. 

Art. 97. The President of the Revolutionary Government shall at 
once assume the title of President of the Republic, and shall exercise 
said office until the constituting assembly meets and elects the person 
who is to fill said office definitel3^ 

Art. 98. This congress, with the members who compose it, and 
those who may be returned by election or decree, shall continue four 
years — that is to say, the whole of the present legislature, beginning 
the 15th of April of next year. 

Art. 99. Notwithstanding the general rule established in the 2d 
paragraph of the 4th article, during the time the country may have to 
struggle for its independence the government is hereby authorized to 
determine, at the close of congress, whatever questions and difficul- 
ties, hot provided for by law, may arise from unforeseen events, by 
means of decrees, which may be communicated to the permanent com 
mission and to the assembl}" on its first meeting. 

Art. 100. The execution of the 5th article of title 3 is hereby sus- 
pended until the meeting of the constituting assembly. 

In the meantime, the municipalities of those places which may 
require the spiritual offices of a Filipino priest shall provide for his 

Art. 101. Notwithstanding the provisions of arts. 62 and 63, the 
laws returned by the President of the Republic to congress can not be 
reproduced until the legislature of the follomng year, the President 
and his council of government being responsible for the suspension. 
If the reproduction be made, the promulgation will l)e compulsory 
within ten days, the President stating his nonconformity if he so 

If the reproduction be made in subsequent legislatures, it will be 
considered as being voted for the first time. 

Additional Article. From the 24th of May last, on which date the 
dictatorial government was organized in Cavite, all the buildings, 
properties, and other belongings possessed by the religious corpora- 
tions in these islands will be understood as restored to the Filipino 

Barasoain, January 20, 1899. 

The President of the Congress. 
Pedro A. Paterno. 

The secretaries: 
Pablo Tecson. 
Pablo Ocampo. 

Exhibit V. 


The people of the island of Negros in the Philippine Archipelago, to 
secure justice, insui*e domestic tranquillity and to establish good gov- 
ernment, do adopt the following as their constitution: 

Article I. 


Section 1. All persons are born equally free and have equal rights 
before the law. The right of the people to enjo}^ life and liberty, to 
acquire, possess, and protect property, and to seek and obtain happi- 
ness in all lawful ways is inalienable. 

Sec. 2. Freedom to conscience and the right to worship God at the 
altar of his own choosing shall be forever guaranteed to every person, 
and no discrimination shall be made against any person by reason of 
his religion or on account of his religious convictions. No law shall be 
passed establishing any form of religion or religious worship: Pro- 
vided, however, that the liberty of conscience hereby secured shall not 
be construed as tolerating licentious conduct cloaked b}^ a form of 
religion, or as permitting acts subversive of good order or at variance 
with the welfare and safety of the state. 

Sec. 3. Freedom of speech and a free press are securities against 
encroachment on the liberties of a free people and must not be 

Sec. 4. The right of the people to peaceably assemble and petition 
for redi-ess of grievances or for the removal of causes of complaint 
can not be denied or refused. 

Sec. 5. The right of the citizen to keep arms in defense of his home 
and the right to bear arms by an organized militia created for the pro- 
tection of the state must not be infringed. Carrj'ing of concealed 
weapons, however, can not be countenanced without a permit from 
proper authority. 

Sec. 6. The people are entitled to protection of their persons and 
property against unwarranted interference and to security in their 
homes against unlawful intrusion. Wherefore, unreasonable searches 
and seizures must not be made, and no warrant to make seizures or 
searches must issue unless probable cause, supported by oath or affir- 


mation, appear therefor, together with a particular description of the 
place to be searched and the person or things to be seized. 

Sec. 7. Neither slavery nor involuntary servitude .shall ever be per- 
mitted in the island of Negros except as a punishment for crime, and 
then onl}^ after the person shall have been properly tried and duly 
convicted of an offense against the law of the land. 

Sec. 8. No person shall be deprived of his life, liberty or property 
without due process of law, nor shall his property, or any part thereof, 
be taken or impaired by the state for the public benetit or otherwise 
without compensation having been tirst paid to the owner or deposited 
in a court of law for his benefit and subject to his order. 

Sec. 9. No ex post facto laws and no law impairing the obligation 
or affecting the validity of contracts shall ever be made. 

Sec. 10. The courts of justice shall be open at all times for the 
transaction of business and shall administer impartial justice to all per- 
sons coming before them without fear, favor, or delay. 

Sec. 11. Every person prosecuted for crime shall have the right to 
demand and be informed of the nature and character of the charge 
against him and shall be entitled to appear in person or b}' counsel to 
defend himself against the accusation. Persons charged with crime 
must be accorded a speedy public trial and have the right not only to 
be confronted with the witnesses against them, but are entitled to 
process to compel, without cost to them, the attendance of witnesses 
who in good faith they believe will testify in their behalf. Every per- 
son charged with crime may be a witness in his own behalf, but no 
such person can be compelled to testify against himself, nor can he at 
all be made a witness upon his trial except his consent be first obtained. 
Neither shall an}" person charged with crime be submitted to torture 
or any cruel treatment whatever to compel a confession or any state- 
ment whatever, nor shall any statement or confession made by a per- 
son charged with crime be evidence against him unless voluntarily 
made without violence, threats, or inducements. Witnesses unable to 
give suitable securitj^ for their appearance as such on the trial of a 
criminal cause shall not be restrained of their liberty for a period 
longer than may be necessary to obtain their depositions in the pres- 
ence of the accused, who shall have the right to examine such witness. 
No person accused of crime shall be twice put in jeopardy for the same 

Sec. 12. Persons not charged with capital offenses shall be entitled 
to be admitted to bail, and in case of conviction of crime excessive 
tines must not be imposed or cruel or unusual punishments inflicted. 
Where the probability is not great and the evidence is not strong even 
persons charged with capital crimes may be admitted to bail. 

Sec. 13. Persons confined for any cause whatever or in any way 
restrained of their liberty shall have the right, upon petition properly 
verified, to be t^iken in person before a court of competent jurisdiction 
to have determined the cause and legality of their detention, and if 
such detention appear to be without proper authority, or if there be 
no legal cause therefor, then the person illegally detained must be 
released from the restraint under which he is held. The privilege of 
habeas corpus hereby granted shall never be suspended except in case 
of rebellion, war, or public invasion, when the public safety shall 
require it, and then onlv on concurrence of the governor of the state, 
president of the congress, and the senior judge of the highest court 
of justice in the island. 


Sec. 14. The military power is subordinate to the civil, and must 
not be used to depriv^e the citizen of his civil or political rights. No 
soldier in time of peace shall be quartered in any house without con- 
sent of the owner, nor in time of war save in manner prescribed by 

Sec. 15. Aliens and denizens shall have the same right to purchase, 
acquire, possess, enjoy, sell, transmit, lease, hire, let, convey, h3'pothe- 
cate, mortgage, devise, bequeath, and inherit property as citizens, save 
and except that public lands open for location can be located and 
acquired in the first instance only by citizens of the state. Mines and 
real property necessary for the proper working thereof may, however, 
be acquired and disposed of in, the same manner b}^ aliens and denizens 
as by citizens. 

Sec. 16. In all criminal prosecutions, when a proper form of pro- 
cedure shall have been established by law, the accused shall have the 
privilege of a trial by jury in the district where the crime is claimed 
to have been committed, which district must be previously ascertained 
and defined, and no conviction can be had unless three-fourths of the 
jurors concur. 

Sec. 17. In all civil causes, when a proper form of procedure shall 
have been established by law, the right of trial by jury shall be 
granted on demand of either part}" to the controversy where the 
amount involved exceeds twenty dollars. 

Sec. 18. The legislature shall not have power to irrevocably grant 
any special privileges, immunities, or franchises. All franchises must 
be sold by the government to the highest bidder for cash, and such 
franchises shall not be granted for a longer period than fifty years. 
Franchises to create and operate railroads, street railways, trams, local 
telephones and telegraphs, lighting and water supply plants, and other 
public utilities must specify the date of commencement and the time 
allowed for completion of the work necessary for the complete install- 
ment and operation of the utility', and must also be coupled with the 
condition that at least two per cent of the gross receipts from opera- 
tions under such franchises shall be paid annually by the grantee or 
his successors to the government. Moneys derived by the government 
from the sale of franchises and from the percentage of receipts herein- 
before required to be paid shall constitute a fund to be expended by 
the legislature in the cause of education and on public works. 

Sec. 19. The enumeration in this constitution of certain rights shall 
not be construed as denying, disparaging, or affecting others retained 
by the people. 

Sec. 20 The Government of the United States shall have the right 
to exercise such internal supervisions and control as will secure to all 
the citizens, aliens, and denizens of the state of Negros the protection 
of person and property, and the rights, privileges, immunities, and 
liberties guaranteed and provided b}^ this constitution. 

Sec. 21. In case the United States shall form a federal government 
for the Philippine archipelago, then the island of Negros claims the 
right to become a portion of the federation so formed, under such 
provisions of this constitution and such amendments as may be adopted 
thereto as are not inconsistent with the organic law of federation. 

Sec. 22. The Government of the United States has exclusive control 
over all matters involving relations with foreign powers, states, or 
governments, the regulation of commerce with other powers and be- 


tween the islands of the Philippine Archipleago. It has the exclusive 
right to coin money, fix its value and that of foreign coin; the pro- 
tection of authors and inventors; the punishment for counterfeiting 
coins or securities of the United States; piracy and felonies committed 
on the high seas, and offenses against the law of nations; and the mak- 
ing of treaties, proclaiming of war, and declarincr of peace are matters 
exclusively within the authority of the United States. The power to 
make laws regulating immigration and the naturalization of persons 
and the control of the postal service and interisland cables and tele- 
graphs is vested in the Government of the United States. The Govern- 
ment of the United States shall also have power to impose and collect 
such taxes, duties, imposts, and excises as may be necessary to extin- 
guish debt, advance the general welfare of the people of Negros, and 
provide for the common defense. 

Article II. 
distribution of powers. 

Sec. 1. The power and authority of the government is hereby vested 
in its legislative, executive, and judicial departments. 

Sec. 2. The legislative department shall have the exclusive right to 
exact laws and pass statutes in conformity with the constitution and 
subject to constitutional prohibition and inhibition. 

Sec. 3. The executive department shall have the exclusive authority 
to execute and enforce the laws of the state. 

Sec. 4. The judicial department shall have the exclusive power to 
administer justice and to construe the laws and statutes passed by the 

Sec. 5. The power, authority, and jurisdiction of one department 
of the government shall not be exercised or usurped by another. 

Article III. 
legislative department. 

Sec. 1. The power and authority of the legislative department of 
the government shall be exercised by the legislature of the state, 
which shall be composed of two houses, to be known, respectively, as 
the "senate" and "chamber of deputies." 

Sec. 2. No person shall be eligible to the position of senator who is 

under the age of years, ou who for the five years immediately 

preceding his election has not been continuoiLsly tlie owner of prop- 
erty to the value of 8 — — , and paid to the state of Negros during 
each of said years an annual tax of at least § . 

Sec. 3. No person shall be eligible to the position of member of the 
<hamber of deputies who has not attained the age of years. 

Sec. 4. No person shall be elected as senator or deputy for any dis- 
trict of which he has not been continuously a resident for the twelve 
months inmiediatelv prior to his election or selection. 

Sec. 5. The legislature .shall be composed of nine members of the 
senate and twentv-seven members of the chamber of deputies. 

Sec. 6. The state at large shall be entitled to elect one senator. Ori- 
ental Negros four senators.and Occidental Negros four senators. 


Sec. 7. Occidental Negros shall have four senatorial districts, con- 
stituted and designated as follows: 

The cities and pueblos of Bacqlod, etc., shall compose the first sen- 
atorial district. 

The cities and pueblos of shall compose the second senatorial 


The cities and pueblos of shall compose the third senatorial 


The cities and pueblos of shall compose the fourth senatorial 


Sec. 8. Oriental Negros shall have four senatorial districts, consti- 
tuted and designated as follows: 

The cities and pueblos of shall compose the fifth senatorial 


The cities and pueblo.s of shall compose the sixth senatorial 


The cities and pueblos of shall compose the seventh senato- 
rial district. 

The cities and pueblos of shall compose the eighth senatorial 


Sec. 9. The districts for election of deputies shall be constituted and 
designated as follows: 

The towns of .Bacolod shall compose the first district for election of 
deputies to the chamber. 

The towns of shall compose the second district for election 

of deputies to the chamber. 

The towns of shall compose the third district for election of 

deputies to the chamber. 

The towns of shall compose the fourth district for election of 

deputies to the Chamber. 

The towns of shall compose the fifth district for election of 

deputies to the chamber. 

The towns of shall compose the sixth district for election of 

deputies to the chamber. 

The towns of shall compose the seventh district for election 

of deputies to the chamber. 

The towns of shall compose the eighth district for election of 

deputies to the chamber. 

The -towns of shall compose the ninth district for election of 

deputies to the chamber. 

The towns of shall compose the tenth district for election of 

deputies to the chamber. 

The towns of shall compose the eleventh district for election 

of deputies to the chamber. 

The towns of shall compose the twelfth district for election 

of deputies to the chamber. 

The towns of shall compose the thirteenth district for election 

of deputies to the chamber. 

Th(» towns of shall compose the fourteenth district for elec- 
tion of deputies to the chamber. 

The towns of shall compose the fifteenth district for election 

of deputies to the chamber. 

The tywns of shall compose the sixteenth district for election 

of deputies to the chamber. 


The towns of shall compose the seventeenth district for elec- 
tion of deputies to the chamber. 

The towns of shall compose the eighteenth district for elec- 
tion of delegates to the chamber. 

The towns of — shall compose the nineteenth district for elec- 
tion of deputies to the chamber. 

The towns of — — — shall compose the twentieth district for election 
of deputies to the chamber. 

The towns of shall compose the twenty-first district for 

election of deputies to the chamber. 

The towns of shall compose the twenty -second district for 

election of deputies to the chamber. 

The towns of shall compose the twenty-third district for elec- 
tion of deputies to the chamber. 

The towns of shall compose the twenty -fourth district for 

election of deputies to the chamber. 

The towns of shall compose the twenty -fifth district for elec- 
tion of deputies to the chamber. 

The towns of shall compose the twenty-sixth district for elec- 
tion of deputies to the chamber. 

The towns of shall compose the twenty- seventh district for 

election of deputies to the chamber. 

Notwithstanding the apportionment and representation herein pro- 
vided, the legislature shall have the power at any time to make a reap- 
portionment, and.readjust or increase the representation of deputies 
in proportion to the inhabitants, whenever in its judgment such a 
course may seem wise or proper. 

Sec. 10. Senators and deputies shall be elected to serve for three 
years, provided, however, that of the senators and deputies elected to 
the legislature at the first election one-third shall serve for one year, 
one-third for two years, and one-third for three years. Inimediately 
after the organization of the senate and chamber of deputies consti- 
tuting the first legislature it shall be determined by lot what senators 
and deputies shall serve for one year, for two years, and for three 
years, the result of which determination by lot must be noted in the 
journal of the senate as to terms of senators and in the journal in the 
chamber of deputies as to terms of deputies. 

Sec. 11. The first legislature elected under this constitution shall be 
convened at Bacolod, island of Negros, at nine o'clock in the morning 
on the fourteenth day after the formal announcement of the election of 
state officers. All subsequent sessions of the legislature shall open at 
nine o'clock in the morning on the first Monday after the first day of 
each year. 

Sec. 12. Each senator and deputy shall receive as compensation for 
his services five dollars, Mexican silver value, for each day's attend- 
ance upon the legislature, not exceeding thirty days in all, and twenty 
cents for each mile between his residence and the seat of government. 
Senators and deputies to the first legislature, however, may receive five 
dollars for each day's attendance, not to exceed ninety days in all. 

Sec. 13. The senate shall organize by electing from its membership 
a president pro tempore, who will preside over the senate during the 
absence, disqualification, or disability of the lieutenant-governor, and 
who shall act as governor during the absence, disqualification, or dis- 
ability of both the governor and lieutenant-governor. The senate 


shall also elect a secretary, who shall make a careful record of all pro- 
ceedings had and securely keep all official and other documents and 
papers of the senate. The chamber of deputies shall organize by the 
election of a speaker apd recorder from its membership. The speaker 
shall be the presiding officer of the chamber, and the recorder shall 
keep the minutes of all proceedings and carefulh' preserve all docu- 
ments and papers confided to his care. Such clerical and other help 
may be employed as may be required to transact the public business 
at such compensation as may be approved by a two-thirds vote of both 

Sec. l-i. The senate and chamber of deputies shall have power to 
pass upon the election returns of senators and deputies, respectively, 
and by a two-thirds vote set aside the election of any senator or deputy 
secured by any fraud, intimidation, coercion, corruption, briber}^ of 
voters, or improper influence. 

Sec. 15. Any senator or deputy may be expelled, for misconduct, 
from the body of which he is a member by a two-thirds vote of its 

Sec. 16. In case the election of any senator or deput}^ be set aside, 
or any senator or deput}" be expelled from the body of which he is a 
member, or a vacancy created in either chamber from an}^ other cause, 
the governor shall immediately call an election in the district in which 
a vacancy has been created. 

Sec. it. Any senator or deputy of any district msij be removed 
from office if two-thirds of the electors of the district represented by 
him favor his removal at an election called for the purpose on petition 
of one-half of the electors of the district. 

Sec. 18. All proposed laws must be presented by bill, and every 
bill must contain a title, in which shall be set out the objects and pur- 
poses of the bill, which must be followed by the enacting clause "Be 
it enacted by the people of Negros." Should anv bill contain a subject, 
object, or purpose not expressed in its title it shall be void as to the 
subject, object, or purpose not expressed in the title. 

Sec. 19. All bills, except appropriation bills and bills to raise rev- 
enue, may be originated in either house, but all bills may be amended 
in or b}^ either house, providing the amendment proposed relates to 
the final object of the bill as originally presented. 

Sec. 20. Bills passed by either house must be read as passed, and if 
correct must be immediately signed by the presiding officer in the 
presence of the house while in session. 

Sec. 21. When a bill has been signed in either chamber it must be 
immediately transmitted to the other for action. 

Sec. 22. When bills have finally passed both chambers and have 
been properlv signed b}' the presiding officers thereof, they must be 
transmitted to the governor for action. Should the governor approve 
the bill or fail to act thereon within ten days after the same shall have 
been presented to him for action, then the bill shall become a law, 
unless the legislature shall adjourn before the expiration of the said 
ten days, Sundavs excepted. Should the legislature adjourn before 
the expiration of the time allowed to the governor for action on bills, 
then the same can not become law until approved by the governor 
within fifteen da3\s after adjournment. 

Sec. 23. In case the governor disapproves any bill, then the same 
shall be returned to the house in which the bill originated, together 


with his reasons for disapproving the same, and should a two-thirds 
vote of the membership of the house favor the passage of the ))ili the 
same shall be transmitted to the other house, and if approved there by 
a two-thirds vote, notwithstanding the disapproval of the governor, 
then the same shall become a law. 

Sec. 24. All bills for the raising of revenues or appropriation of 
public money must originate in the cnam})er of deputies, and the gov- 
ernor shall have power to disapprove any item of the appropriation 
subject to the right of the chambers to pass such item by a two-thirds 
vote, notwithstanding the disapproval. 

Sec. 25. A majority of membership shall constitute a quorum for 
the transaction of business in either house, but a less number may 
meet and adjourn from day to day, taking such steps to secure the 
attendance of absentees and to punish delinquents as ma}' be proper. 

Sec. 26. The legislature shall adopt a seal of the state to l)e fixed to 
all grants and commissions and to all other documents proscribed by 

Sec. 27. Both houses shall concur in order to adjourn the legisla- 

Article IV. 


Sec. 1. The executive department of the government shall consist 
of a governor, a lieutenant-governor, a secretary of state, an attorney- 
general, a state treasurer, a state auditor, a superintendent of public 
instruction, and an adjutant-general, each of whom shall hold oflice for 
the term of three years or until his successor shall be elected and 
qualified: Provided., however., That the terms of the state ofiicers in 
this section enumerated, elected at the first election held under this 
constitution, shall expire on the second Monday" of January nineteen 
hundred and two. 

Sec. 2. Until otherwise provided bv law the salaries of the state 

officers enumerated in section 1 shall be as follows: Governor, $ 

per annum : lieutenant-governor, the pay of a senator during the sessions 
of the senate : Provided^ however'.. That while acting as governor he shall 
receive the same compensation as that paid to the governor; secretary 

of state, S per annum: attorney -general, ^^ per annum; 

state treasurer, $ per annum; state auditor, $ per annum; 

superintendent of public instruction, % per annum: adjutant- 
general, § per annum. 

Sec. 3. {a) The governor shall exercise the supreme executive 
authority of the state, and it shall be his duty to see that all laws are 
faithfully enforced and properly executed, (h) The governor shall be 
the commander in chief of all' the militia forces of the state except 
when the same shall be called into the service of the United States, 
and he may, when necessary to repel invasion, to enforce the laws, or 
to suppress disorder or insurrection, call out the whole or any part of 
the militarv or public force of the state subject to his connnand. {c) 
The governor shall have power to fill all vacancies in any state office 
established bv this constitution or created by law, pending an election 
to fill such vacancy, which must be held at the time of the annual 
election to fill vacancies of senators and deputies whose terms have 
expired, {d) The governor shall have power to exact from all exec- 
S. Doc. 138 14 


utive officers in the state a report in writing of the management of 
their offices, together with a statement of their official accounts. He 
also may require information from any executive officer touching any 
matter connected with his office. For the failure to supply the gov- 
ernor with an}^ report, statement, or information required by him the 
delinquent may be removed from office by impeachment or by proper 
proceedings prescribed by law. (e) The governor shall have the right 
to exercise the veto power on all legislative enactments and resolutions 
requiring the concurrence of both houses. In the case of a veto he 
must return the bill or resolution to the house in which the same orig- 
inated within ten days after the same shall have been presented to 
him, together with his written objections thereto ; and if any bill or 
resolution fails to pass both houses by a two-thirds vote, notwithstand- 
ing the veto, such bill or resolution shall have no force or validity : P7'o- 
mded, however^ That if the legislature adjourn before the expiration 
of the time allowed to the governor for action on the bill he may 
approve the same within ten days after adjournment and the same 
shall thereupon become a law. (/") Upon extraordinary occasions, 
and when the public welfare demands it, the governor shall have 
power to reconvene, for specific legislation or for a specific purpose, 
the legislature after the same has adjourned. No business or legisla- 
tion shall be considered at such a special session of the legislature 
other than that specified in the proclamation of the governor recon- 
vening it. (g) With or without condition the governor shall have 
power and authority, upon the recommendation of the secretary of 
state, attorney -general, and the adjutant-general to grant respites, par- 
dons, or commutation of punishment inflicted or about to be inflicted 
for crimes, and to remit or partially remit fines or forfeitures imposed 
by law and made payable to the state or any of its subdivisions. (A) 
The governor shall sign all grants and commissions, which must be 
issued in the name of the state and under its great seal, (i) The gov- 
ernor shall perform such other duties as may be prescribed by the 

Sec. 4. (a) The lieutenant-governor shall be the president of the 
senate, (h) The lieutenant-governor shall perform the duties of gov- 
ernor in case of a vacancy in the office of- governor, or in case of the 
governor's failure to qualify by taking the oath of office, or in case of 
a conviction of the governor of a felony or infamous crime, or in 
case of the absence of the governor from the state, or in case of the 
disability of the governor to perform the duties of his office. While 
actually performing the duties of governor, the lieutenant-governor 
shall be entitled to the privileges and emoluments of the office of gov- 
ernor until the disability of the governor shall have been removed or 
his term has expired. He shall perform such other duties as may be 
prescribed by law. 

Sec. 5. The secretary of state shall countersign all grants and com- 
missions executed by the governor, attend every session of the legis- 
lature, receiving all bills and resolutions thereof; keep and attest the 
official acts of the governor; affix the great seal, with his own attes- 
tation, to all commissions, pardons, and public instruments to which 
the official signature of the governor is required; keep a record in a 
proper book of all the property of the state and all conveyances made 
to it; certify to the governor the names of all persons shown by the 
election returns to be elected to a state office by the highest number 


of votes; keep an account of all moneys received and expended by 
his office; carefully preserve the official copy of the constitution and 
all acts and resolutions of the legislature, and also the great seal of 
state. He nuist also carefully preserve the records and proceedings 
of the legislature, which must be turned over to his custody by the 
secretary of the senate and recorder of the chamber of deputies, on 
the adjournment of the session. He shall perform such other duties 
as may be required by law. 

Sec. 6. The attorney-general shall prosecute and defend all causes 
to which the state, or any of its officials, is a party; give legal advice 
to any officer of the state whenever the same shall bo required ))y him 
in his official capacity. He shall perform such other duties as may be 
prescribed by law. 

Sec. 7. It shall be the duty of the state treasurer to receive and 
safely keep all funds of the state not confided by law to the custody 
of other officials; to expend monej^s only upon the warrants drawn by 
the state auditor attached to the voucher for which the warrant was 
drawn ; to keep a careful account of all moneys received and expended 
by law; and once a month to report to the state auditor an itemized 
statement of the warrants paid and the balance on hand in the treasury. 
He shall perform such other duties as may be prescri1)ed by law. 

Sec. 8. It shall be the duty of the state auditor to report to the 
governor on the first Monday of November of each year an itemized 
statement of the expenses of the government for the preceding fiscal 
year, and an estimate of all the expenses of the government for the 
ensuing fiscal year, itemized as far as possible. He must also report 
the amount of mone}^ on hand in the treasury to meet such expenses 
and the amount of revenue necessary to be raised for the purposes of 
the government by taxation or otherwise. He shall also report such 
scheme and plan as to him may seem proper to secure economy in the 
public service. He shall draw warrants on the state treasurer for all 
amounts properly due from the state after a careful investigation as 
to their correctness and justice, and providing such accounts have 
been first properly certified as required by law. He shall perform 
such other duties as may be prescribed by law. 

Sec. 9. It shall be the duty of the superintendent of public instruc- 
tion CO perform such duties as may be required ])y law. 

Sec. 10. It shall be the duty of the adjutant-general to perform 
such duties as may be required by law. 

Article V. 


Sec. 1. The judicial power of the State shall be vested in the senate 
sitting as a court of impeachment (and as an appellate tribunal); also 
in superior courts, justice of the peace courts, and such other courts 
in cities and towns as may be prescribed by law. 

Sec. 2. The senate sitting as a court of impeachment, with the sen- 
ior judge of the superior court presiding, shall have jurisdiction to 
hear, iiy, and determine all charges brought to impeach for high 
crimes and misdemeanors and malfeasance in office any state execu- 
tive, legislative or judicial officer, except justices of the peace and 
judges of courts of inferior jurisdiction, who shall be removed as may 


be prescribed b}' law. The judge of the superior court shall be senior 
judge of this court. 

Sec. 3. The senior judge shall not preside over the deliberations of 
the senate sitting as a court of impeachment in any cause in which he 
is interested or which he may have theretofore determined as superior 
judge. In case the senior judge is disqualified from presiding over 
the deliberations of the senate sitting as a court of impeachment the 
duty of presiding shall devolve upon the next superior judge who has 
received the highest number of votes, and in case all are disqualified, 
the senate shall select one of its members to preside. 

Sec. 4. A majority of the members of the senate shall constitute 
a quorum for the transaction of its business sitting as a court of 

Sec, 5. The senate sitting as a court of impeachment shall not hold 
sessions as such during the sessions of the legislature. 

Sec. 6. While sitting as a court of impeachment senators who 
attend shall be entitled to the pay of a senator for each day's attend- 
ance, not exceeding sixt}^ days in all. 

Sec. 7. The superior courts shall have original jurisdiction over all 
cases and actions involving the legality of any state or municipal tax, 
impost, or assessment; over all cases involving the title or right to the 
possession of real property, and over all cases involving the title or 
right to the possession of personal property the value of which exceeds 
three hundred dollars. The superior courts shall also havt; original 
jurisdiction over writs of habeas corpus and all cases in which the debt, 
damages, claim, or demand sought to be recovered, exclusive of inter- 
est, exceeds the sum of three hundred dollars, and shall also have orig- 
inal jurisdiction to prevent and abate nuisances, to settle and adjust 
the estates of deceased persons, and to distribute the same to the per- 
sons entitled thereto in the manner as prescribed by law. Superior 
courts shall also have the original jurisdiction over all criminal cases 
amounting to felonj^, and over all civil and criminal causes for the 
trial and disposition of which no other provisions are made. 

Sec. 8. There shall be three judges of the superior court elected in 
the island of Negros, one by the electors of Negros Oriental, one by 
the electors of Negros Occidental, and one by the electors at large. 
All three judges ma}^ sit together for the determination of any cause 
upon the demand of either or both litigants, providing such a course 
shall be deemed proper by a majority of the superior judges. 

Sec. 9. In case a superior judge elected by the electors of Ori- 
ental or Occidental Negros shall be disqualified or unable to act by 
reason of disabilit}^ or any other cause, then the judge at large may 
hear, try, and determine all causes arising in such province until the 
disqualification or disability of the judge elected therefor has been 
removed. In case the judge at large and the judge elected for the 
province are both disqualified or under disability, then the judge 
elected for the other province shall act. The judge elected in one 
province may hold court in the other provinces in such other cases as 
may be required by law. 

Sec. 10. The judge at large and the judges of the superior courts 
may hold office for six years: Provided, hovjever, That the terms of the 
judge at large and the superior judges elected at the first election will 
expire on the first Monday of January, 1905, and when their succes- 
sors are elected and qualified. 


Sec. 11. The judge at large will receive a salary of $ per 

annum and the superior judges will receive a salary of $ per 

annum: Provided^ howevei\ That no judge shall receive payment of his 
salary until he has made a decision on all cases which have been under 
submission to him for decision for more than ninety daA's. 

Sec. 12. The legislature shall have power to provide by law for such 
clerical force as may be necessary for the transaction of the business 
of the judicial department. 

Sec. 13. Each pueblo or town shall have a tribunal of justice, com- 
posed of such officials of the town and having such original jurisdiction 
as may be prescribed by law, except as is in this constitution other^vise 
specified: Provided^ hoicevei\ That such tribunals of justice shall not 
have jurisdiction to hear or determine any cause in which the amount 
of the debt, damages, claim, or value of the property sought to be 
recovered exceeds the sum of three hundred dollars. Neither shall 
said tribunal of justice have jurisdiction to trv any cause involving the 
right to the title or possession of real property nor the legality of any 
tax, impost, or assessment, nor issue, hear, nor determine any writ of 
habeas corpus: Aiid provided further^ That the tribunals of justice 
shall not have jurisdiction to try anj^ criminal cause amounting to a 
felony. The tribunals of justice, however, may take the testimony of 
witnesses in felony cases for the information of officials charged Avith 
the duty of prosecuting on the part of the people. 

Sec. 15. All matters of dispute between citizens may be adjusted In' 
arbitration, each party to select one arbitrator, and if the two ar})itni- 
tors so selected can not agree a third arbitrator may be selected by 
them, and the judgment in writing of a majority of the arbitrators 
shall finally determine the controversy. Such judgment of a court of 
arbitration must be filed for record in the superior court of the province. 

Article VI. 


Sec. 1. Every male over the age of twenty-one years who is a house- 
holder, or who can read and write an}' language, or who is the owner 
of real property of the minimum value of one thousand dollars, shall 
be entitled to vote at all elections, provided he has paid his State and 
city and town taxes. 

Sec. 2. Persons convicted of felonies or infamous crimes shall 
never be permitted to exercise the right of suffrage or to hold piil)lic 
office of any character. 

Sec. 3. Elections must not be held without such previous reason- 
able notice to the people as will enable all entitled to vote to exercise 
the privilege in the manner required and at the time and place desig- 
nated. The voter must not be improperly influenced, coerced, threat- 
ened, terrorized, or intimidated, and shall be entitled to exercise the 
right of suffrage free from any interference whatever of the civil or 
military power. Members of the military force shall be only entitled 
to vote at their place of residence, and the place where stationed shall 
not be construed to be their residence, unless the same shall have been 
their homes immediately previous to their enrollment as part of the 
military department of the government. The right of citizens to vote 
shall not be abridged by reason of their race, color, or previous 
condition of servitude. 


Sec. 4. The general elections for State officers whose terms are about 
to expire shall be held on the first Monday of the November imme- 
diately prior to the date of expiration, provided that within days 

after the adoption of this constitution an election shall be held for all 
State offices provided for in this constitution, except justices of the 
tribunals of justice. 

Sec. 5. All elections by the people shall be by ballot. All ballots 
shall be of uniform color, length, and width, and every precaution 
must be taken to protect the secrecy of the ballot. 

Sec. 6. All officers elected to hold vacancies shall hold office for the 
unexpired term and until their successors are elected and qualified. 

Sec. 7. No person shall hold public office who is not an elector and 
taxpayer, or who at the time of his election is delinquent in the pay 
ment of his taxes. 

Article VII. 


Sec. 1. It shall be the dutj^ of the legislature to at once establish and 
provide for maintaining free schools for the education of all children 
of the island between the ages of 5 and 18 j^ears. 

Sec. 2. All children between the ages of 5 and 14 years must attend 
for at least nine months of each year either the public school or some 
established priA^ate school of good repute selected by their parents or 

Article VIII. 


Sec. 1. The legislature is authorized to devise and adopt a system 
of taxation, uniform in operation, to raise revenue for the support of 
the State, for the maintenance of its institutions, and for the creation 
of public works. The s^^stem of taxation must be such as will equally 
distribute its burdens and impose no more than the fair share of the 
burden on any citizen or class of citizens. 

Sec. 2. The property of the United States, of the State and cities 
and towns, of public educational institutions actually used for the pur- 
pose, and property actually used as places of public worship or for 
public charitable institutions, together with libraries and free public 
museums, shall be exempt from taxation. All other property shall be 
taxed in proportion to its value. 

Sec. 3. Taxes for cit}', town, and municipal purposes shall not be 
levied by the legislature, but may be levied ])y the proper authorities 
of the cit}', town, or municipality. 

Article IX. 

PUBLIC indebtedness. 

Sec. 1. Laws passed by the legislature creating a public debt shall 
not be repealed until the debt actually incurred by the State has been 
fully paid and satisfied, and in the law itself providing for the creation 
of the debt the purpose for which it is created must be specified and 
provision made for the levy of the tax to pay the interest and create a 

Report of the PHiLipriNE coMMissioisr. 215 

sinking fund sufficient to pay the principal within the time limited by- 
law for the extinguishment of the debt and the sum total, etc. 

Sec. 2. The funds raised by the levy of tax for a special purpose 
can be used for no other purpose than that specified. 

Article X. 


Sec. 1. All male able-bodied citizens between the ages of 15 and 40 
years shall be subject to military duty and may be called together for 
military instruction from time to time each j^ear when the governor or 
adjutant-general, with the approval of the governor, may think proper. 

Article XI. 

PAY OF public officers. 

Sec. 1. The pay of no public officer shall be increased aunng the 
term of his office. 

Sec. 2. No officer shall be entitled to draw the pay of any other 
office than that in which he is acting. 

Article XU. 


Sec. 1. After the adoption of this constitution the officers of the 
provisional government will be continued in office until their suc- 
cessors in office, provided for by this constitution, are duly elected 
and qualified. 

Sec. 2. Laws in force at the time of the adoption of this constitu- 
tion and not in conflict with its proWsions are continued in force until 
abrogated or repealed by the legislature. 

Sec. 3. All cases and actions pending at the time of the adoption of 
this constitution are hereby transferred for trial and determination to 
the courts of appropriate jurisdiction designated in this constitution. 

Sec. 4. Officers of cities, towns, and municipalities in office at the 
time of the adoption of this constitution shall continue to act in their 
official capacity until their successors are elected, selected, or appointed 
and qualified. 

Done in open congress this — - da}' of , A. D. 1899. 

Exhibit VI. 



Title I. 


Article 1. The government of the Philippine Islands is republican, 
federal, representative, and responsible. 

By Philippine Islands is understood the recognized territory of the 
ancient Spanish colonies denominated the Philippine Archipelago and 
ceded by Spain to the United States according to the stipulations in 
the treaty of Paris, dated December 10, 1898. 

Art. II. The territory of the Philippine Islands, for its constitution 
and government, is divided into regions, one of which is the national 
capital, Manila, the regions into provinces, and the provinces into the 
towns, of which there are actually composed: 


First. Manila comprises the province of this name, Corregidor 
Island, the stronghold of Cavite, and the towns of Bacoor, Binacayan, 
Cavite, Viejo, Caridad, San Roque and Inta, Tatay, Angono, and 
Antipolo of Morong. 

Second. Bulacan comprises the provinces of Bulacan, Pampanga, 
Tarlac, Nueva Ecija, and Bataan. 

Third. Ilocos comprises the provinces of Ilocos Sur, Ilocos Norte, 
Union, Abra, Lepanto, Bontoc, Benguet, Pangasinan, and Zambales. 

Fourth. Cagayan comprises the provinces of Cagayan, Isabela-de- 
Luzon, Nueva Vizcaya, Islas Batanes and Baduyanes. 

Fifth. Cavite comprises this province, except the towns enumerated 
in the first region, the province of Laguna, Morong, except the towns 
likewise incorporated in the first region, Infanta, Principe, Polillo, 
and Tayabas. 

Sixth. Batangas comprises the provinces of Batangas and Mindoro, 
with Marinduque and the other adjacent islands. 

Seventh. Albay comprises the provinces of Albay, Camarines, Sor- 
sogon, Cataauduaues, Burias, Mastabe, and Ticao, and the towns of 


the north coast and of the eastern parts of Samar up to Borongan, 
including the latter. 

^ Eighth. Panay comprises the provinces of Iloilo, Capiz, Antique, 
Concepcion, Romblon, Tablas, ^ibuyan, Calamianes, Cagayancillos, 
the groups of Cu^^os and Guymaras. 

Ninth. Negros comprises the island of Negros, in its eastern and 
western parts. 

Tenth. Cebu comprises the provinces of Cebu, Leyte, the western 
coast of Samar, and the towns in the southern continuation of Doron- 
gan, Bohol, Siquijor, Bantayan, Mactan, Camotes, and neighboring 

Eleventh. Mindanao comprises all the islands of Mindanao, Jolo, 
Basilan, and Paragua and neighboring islands. 

Art. III. Each region enjoys complete legislative, governmental, 
and administrative autonomy, having power to dictate its own political 
constitution peculiar to itself, under the representative, republican, and 
responsible system indicated by this general constitution, by whose 
principles, declarations, and guarantees it must be inspired, with the 
exception that it can establish in any or all provinces of the region any 
generally practiced privilege worthy of respect. 

It shall be a constitution peculiar to the region and shall insure 
principally the administration of justice, municipal government of 
towns, and primary education. Under these conditions the Federal 
government guarantees to every region the possession and exercise of 
its institutions. 

Art, IV. The authorities who exercise the federal government 
reside in this city of Manila, which is declared the capital of the 
Philippine Islands, said authorities being the Governor-General, the 
secretaries of the government, of instruction and of public works, of 
the treasury and of agriculture, commerce and industry, the senate 
and the chamber of deputies, and the supreme court of justice. 

Art. V. The federal government provides for the expenses of the 
nation from the funds of the national treasury, composed of the prod- 
ucts of the properties and rents of the State, and the sale and location 
of uncultivated lands not included in the forestal zone, from the con- 
tributions and taxes which the general congress may establish equita- 
bly and in proportion to the population and the necessities of the 
general government and from any loans or use of credit which said 
congress may decree for urgencies of the nation or for undertakings of 
national utility. 

Art. VI. Religious liberty igrecognized in the archipelago and no 
religion can be established as official, notwithstanding the federal gov- 
ernment countenances the Catholic parochial worship and Moham- 
medan worship in the towns which profess Islamism. 

Art. VII. The following are Filipinos: 

First. All persons born in Philippine territory. 

Second. The children of Philippine fathers or mothers, although 
they may have been born outside the Philippines. 

Third. Foreigners who have obtained certificates of naturalization. 

Fourth. Foreigners who, not having obtained such certificates, have 
gained a residence in any town in Philippine territory. 

A special law shall determine the conditions necessary to gain 
Philippine citizenship by naturalization or by residence. 


Title 11. 

declarations and guaranties. 

Art. VIII. The federal government intervenes in the territory of 
the regions to guarantee the republican form of government or to 
repel invasions from the exterior, and at the request of their estab- 
lished authorites to maintain them, or if they have been displaced by 
sedition or invasion from another region to reestablish them. 

It also intervenes in all matters of general interest which concerns 
it, according to law. 

Art. IX. No region shall establish itself in the territory of another 
or of others, nor incorporate different regions in one, nor separate a 
province or town which belongs to one in order to incorporate it in 
another without the consent of the regions interested and of congress. 

Art. X. The public acts and proceedings of one region shall be 
operative in the others, and congress, by general laws, can determine 
what shall be the probationary form of said acts and the legal results 
which they bring about. 

Art. XI. The citizens of each region shall enjoy in the other regions 
all the rights, privileges, and immunities inherent in the title of citizen. 

This natural right, common to all Philippine territory, can not be 
restricted by any of the public powers of the regions to which it 
belongs, nor by those of any other federal region except when there is 
an attempt made to use this right to evade some obligatory service 
of a local character. 

The extradition of criminals is a reciprocal obligation between all 
the regions. 

Art. XII. Every Philippine citizen, in conformity with the laws 
which regulate their use, shall enjoy the following rights : 

(a) To work and to pursue all lawful industries. 

(b) To navigate and engage in commerce. 

(c) To enter and remain in Philippine territory, to travel therem, 
and to leave the same freely, provided that he prove his personal 
identity when it may be necessary. 

(d) With the same liberty to publish his ideas and opinions orally 
or in writing, availing himself of the press or other similar means. 

(e) To form associations for all the objects of human life not con- 
trary to public morals. 

{/) To direct petitions individuallj^ or collectively, not making use 
of any sort of armed force, to the public powers and to the authorities. 

(17) To use and dispose of his property. 

(/i) To freel}^ profess his religion. 

(?') To teach and learn and to freely use the public suffrage author- 
ized by law. 

Art. XIII. No Filipino shall be detained except by order of com- 
petent authority, except when found in flagrante delictu. 

Art. XIV. Every person arrested shall be set at liberty or turned 
over to the judicial authority within the twenty-four hours following 
the arrest. 

Every arrest shall be held without effect or shall be brought to 
commitment to prison within seventy-two hours after the person 
arrested shall have been turned over to a judge or competent tribunal. 


The disposition made of the case shall be communicated to the inter- 
ested party within the same space of time. 

Art. XV. No Filipino shall be arrested except by virtue of an 
order of a competent judge. 

The warrant by which the order shall be fulfilled shall be approved 
or quashed, the presumed criminal having been heard, within the 
seventy -two hours following the acts of imprisonment. 

Art. XVI. The domicile is inviolable, and no one can enter that of 
an inhabitant of the Philippines without his consent, except in the 
urgent cases of fire, flood, earthquake, or similar peril or of unlawful 
aggression, proceeding from within, or in order to aid a person calling 
for aid therefrom. 

Said urgent cases being excepted, the entry into the domicile of a 
Filipino or foreigner resident in the Philippines and the examination 
of his papers or effects can only be decreed by a competent judge, and 
executed in the daytime. 

The examination of papers and effects shall always be made in the 
presence of the interested ipartj or of a member of his family, or in 
their absence, of two witnesses, who shall be residents of the same 

Notwithstanding, in case of a person detected in flagrante ddictu, 
and pursued by the authorities and their agents, and having taken 
refuge in his domicile, entry may be made for the purpose of arrest 
only. In case of his having taken refuge in the domicile of another a 
demand for him upon the owner must precede entry. 

Art. XVII. No Filipino can be required to change his domicile or 
residence except b}" virtue of an executive decision. 

Art. XVIII. All correspondence, public or private, and all kinds 
of private papers are inviolable. In no case can correspondence 
intrusted to the mails be detained, nor opened by the governing 
authorities, nor can telegraphic or telephonic communications be 
stopped, but by virtue of the decree of a competent judge, any cor- 
respondence sent by mail may be held and opened in the presence of 
the defendant. 

Art. XIX. Every warrant of imprisonment, of examination of a 
dwelling, or of detention of written, telegraphic, or telephonic corre- 
spondence shall state its reasons. 

When the warrant lacks this requisite, or when the reasons stated 
shall on trial be declared illegal or notoriously insufiicient, the person 
who mav have been arrested, or whose imprisonment shall not have 
been ratified within the terms specified by Article IX, or whose dom- 
icile mav have been forcibly entered, or whose correspondence may 
have been detained, shall have the right to claim the damages resulting. 

Art. XX. No Filipino shall be prosecuted or sentenced except by a 
judge or tribunal having jurisdiction in the case by virtue of laws 
antedating the offense and in the form prescribed by said laws. 

Art. XXI. All persons detained or imprisoned without due process 
of law, except in cases provided for in this constitution, shall be set at 
liberty on their own petition or on that of any Filipino. 

In criminal cases the law shall determine the method of procedure 
in this case, and the personal and pecuniary penalties to be incurred 
by anyone ordering, executing, or causing to be executed any unlawful 
arrest or imprisonment. 

Art. XXU. Property is inviolable, and no one can be temporarily 


or permanentl\' deprived of his rights and property nor disturbed in 
the possession of them except by virtue of a judicial sentence. Func- 
tionaries infringing- this provision under any pretext whatsoever shall 
be personally liable for damages caused. 

Art. XXllI. No person shall be deprived of his property except 
in cases of necessity for public use, previously justified and declared 
by the proper authorities, the owner being indemnified in advance for 
such deprivation. 

Art. XXIV. The confiscation of property is entirely prohibited. 

No armed body can make examinations nor exact assistance of any 

Art. XXV. Primary education is obligatory and can be acquired in 
the schools of the State, in private institutions, and at home, being 
gratuitous in the first-mentioned instance. 

Art. XXVI. Ever}^ Filipino is obliged to defend the country by 
force of arms when called upon by law, and to contribute to the expenses 
of the State in proportion to his possessions. 

Every inhabitant of the Philippines shall be obliged to pa}^ the taxes, 
contributions, dues, and public charges that the fiscal laws may deter- 
mine for the inhabitants in general. 

Art. XXVII. In the Philippine Islands no prerogative of blood or 
birth nor personal privileges nor titles of nobility are recognized. All 
the inhabitants are equal before the law. Equality is recognized as 
the basis of taxes and public charges. 

All the Filipinos are admissible to the (public) employments with- 
out other consideration than their fitness. 

Art. XXVIII. The enumeration of the rights confirmed in this title 
does not imply the prohibition of any other not expressly dedicated. 

Art. XXIX. Previous authorization shall not be necessary to insti- 
tute a suit before ordinar}^ tribunals against public functionaries, 
whatever may be the fault which they may- have committed. 

A superior mandate shall not exempt from responsibility in cases of 
manifest, clear, and definite infraction of a constitutional provision. 

In other cases it shall only exempt the agents not having authority. 

The guarantees conferred in c, </, e, f^ ^, of Article XII, and in 
Articles XII, XIV, XV, XVI, and XVIIl can not be suspended in 
the whole or parts of the Archipelago, except temporarily and by 
means of a law when the security of the State demands it in extraor- 
dinary circumstances. 

Such law having been promulgated in the territory to which it is to 
be applied, during such suspension a special law shall operate, accord- 
ingly as circumstances may require. 

Both suspension and law shall be voted upon in the Senate and in 
Congress, and in case of these not being in session the Government is 
empowered to dictate them by agreement with the permanent com- 
mission without afl'ecting the necessity of convoking the colegislative 
bodies vvith the greatest dispatch and giving them an account of what 
it may have done. 

But by no law can other guarantees than those mentioned in the 
first paragraph of this article be suspended, nor the federal govern- 
ment be authorized to banish or deport any Filipino. 

In no case can military or civil chiefs establish other penalty than 
that previously provided for by law. 

Art. XXX. ^ 

^ Article XXX was omitted in the original pending consultation. 


Art. XXXI. lu the Philippines no one can be tried by privative 
laws nor by special tribunals. No person or corporation can hold 
privileges nor enjoy emoluments which arc not compensation for some 
public service and are fixed by law. The jurisdiction of the army and 
navy extends only to those ofiences which are closely related to military 
and marine disciphne. 

Art. XXXII. No Filipino can establish systems of inheritence by 
the oldest sons nor institutions creating entail of propert}', nor accept 
honors, decorations, or titles of honor or nobility from foreign nations 
without the authorization of the government. 

Neither can the federal government establish the institutions referred 
to in the preceding paragraph, nor bestow honors, decorations, nor 
titles of honor or nobility upon any Filipino, although distinguished 
services performed by citizens for the country ma}' be rewarded 
pecuniarily b}^ a special law voted b}' congress. 

Title III. 


' Art. XXXIII. The senate and the chamber of deputies shall exer- 
cise the legislative power with equal powers, except in cases deter- 
mined by this constitution, and both colegislative bodies in sessions 
shall form the national congress. 

Art. XXXIV. The members of both bodies represent the whole 
nation, and not exclusively those electors who may appoint them, and 
can receive no imperative command from anyone. 

Art. XXXV. Each one of the colegislative bodies shall be author- 
ized to form its respective set of regulations for its own internal gov- 
ernment; to inquire into the legality of elections and the legal fitness 
of its members; to appoint on being organized its President, Vice- 
President, and secretaries, who shall continue in office during two leg- 
islative sessions, unless the removal of an}^ one of them and the election 
of another is agreed upon by an absolute majoritv, or unless an}^ one 
of them ceases to be a senator or representative for an}^ legal reason; 
to accept resignations and dismissals presented b}^ its members, and 
to grant leaves of absence in accordance with its rules. 

Art. XXXVI. The chamber of deputies can not meet unless the 
senate also meets, except when the senate constitutes itself a tribunal. 
Both bodies can not deliberate together nor in the presence of the 
governor-general, and the sessions of said bodies shall be public, 
except when the majority of each agrees to withhold them and that 
its sessions shall be secret. No public meetings shall be held in the 
neighborhood of the building in which the colegislative bodies hold 
their meetings when said meetings are open. 

Art. XXXVII. No project or proposition can become a law before 
it has been voted upon article by article and as a whole in the two 
colegislative bodies. In order to pass laws, the presence in said bodies 
of one more than half of the total number of its members, whose acts 
have been approved and who have taken the oath, is required. If 
there should not be absolute agreement the chamber of deputies 
and the senate, thev shall proceed, according to the special law Avhich 
fixes their mutual relations, to appoint a mixed commission composed 
of four deputies and four senators, presided over by whomsoever may 


be elected, and the resolution which they agree upon is the decision of 
the point in question. 

Art. XXXVIII. The chamber of deputies and the senate have the 
right of censure, and each one of their members the right to be heard. 

The proposal of the laws pertains to the federal government, the 
senate, and the chamber of deputies, but projects for laws concerning 
taxes, public credit, military and marine forces, and other plans 
implicating federal expense shall be presented to the chamber of dep- 
uties before being presented to the senate. 

Art, XXXIX. The Governor-General, in the name of the President 
of the United States, shall have power to convoke congress that the 
chamber of deputies and the senate, respectively, may meet for 
extraordinary purposes. Both chambers may only hold a session 
together and in the same place in order to administer the oath to the 

The senate and chamber of deputies open and close their sessions 
simultaneoush", and neither of them can suspend their open sessions 
for a longer period than three days, without the consent of the other. 

Art. XL. The formula for the oath to be taken by the Governor- 
General, members of the senate and the chamber of deputies, and 
functionaries of the Government having jurisdiction or not, is as fol- 
lows: "To protect the federal constitution, each of the constitutions 
of the regions, and the laws which guarantee the autonomic rule of the 
Archipelago and their compliments." 

Art. XLI. The Governor-General shall communicate with the cham- 
bers by means of his secretaries, who may be present during discussions 
and may vote in the chambers to which they may belong. 

Art. XLII. No member of the chamber of deputies nor the senate 
can be prosecuted or molested for the opinions or votes which he may 
issue in the discharge of his office, nor can he be prosecuted without 
the previous authorization of the body to which he belongs, nor can 
the arrest or imprisonment of a senator or deputy be consummated 
without similar previous authorization, except in the case of his having 
been surprised in -flagrante^ in the commission of some serious crime, 
which deserves severe penalty, and then an account of the extent of 
his guilt shall at once be given to the respective chamber or to the 
permanent commission. 

In any case the chamber or permanent commission shall act within 
the period of two days; otherwise authorization shall be understood 
to be given. 

Art. XLIII. The deputy or senator accepting any pension, employ- 
ment, or commission from the federal or a regional government shall 
be understood to have resigned his seat in the chamber. From this 
rule the office of secretary of the government office is excepted, and 
members of the supreme court ma}^ also be senators. 

Art. XTjIV. The services of the deputies and senators are remu- 
nerated by the national treasmy at the rate of eight pesos per da}^ for 
each legislator, such remuneration being discounted at the daily rate 
when the absence and nonassistance at sessions of members exceeds 
seven days from the date of definite organization of the chamber. 

the permanent commission. 

Art. XLV. The two chambers before closing their sessions shall, 
by an absolute majority of votes, elect seven deputies and five senators 


who shall form their respective permanent commissions, which shall 
operate during the period in which the national congress is not in 
session. The president of each commission shall be the president of 
his chamber, or in his absence the Wee-president, present in the 
capital by order of his appointment, and the secretaries being deter- 
mined in a similar manner. 

Aet. XLVI. The duties and powers of the permanent commissions 
of the senate and chamber of deputies shall be to authorize or not the 
prosecution of any of their members, of the secretaries of the govern- 
ment office, of the president, and of the procurator-general of the 
supreme court of justice in the cases pro\'ided for in this constitution; 
to convoke their respective chambers in extraordinary sessions either 
in cases of the greatest urgency which demand immediate meetings 
or when it becomes necessary for the senate to constitute itself a 
tribunal of justice; to act upon pending business so that when congress 
meets it may be dispatched at once or to transmit finished business 
simply awaiting execution, and to represent their respective chambers 
in their relations with the executive and judicial power. They shall 
meet when convoked by their respective presidents. 


Art. XLVn. The senate is composed of twenty-two members, 
eleven elective and eleven appointed by the governor-general, all of 
whom fulfill the following conditions:- 

To be elected or appointed senator the following requisites are indis- 
pensable: To be thirty-five years of age; to be a Filipino; to enjoy all 
the ci\dl rights inherent in a citizen; to possess property whose 
annual income is not less than two thousand dollars, or, lacking this 
condition, to have been a deputy in two legislatures, a secretary of the 
government office for more than three years or three different times, 
or to be a member or procurador of the supreme court. 

Art. XL VIII. The term of office of senators appointed by the 
governor-general is for life. Elective senators shall hold office during 
four years. Each time that a general election of deputies is held the 
senate will be changed by half of its elective members, decided on by 
lot, five senators going out of office at the end of "the first legislature 
and six at the end of the following one, and so on, alternately. These 
senators are reeligible indefinitely. 

Art. XLIX. Each one of the eleven regions of the Archipelago 
shall elect a senator by means of its regional legislature or congress, 
by a plurality of votes', whenever it may be necessary according to the 
rule established by this constitution. In case the seat of any senator 
shall become vacant, as a result of death, resignation, or incapacity, the 
region which he represents shall immediately take steps for the election 
of a new senator. 

Art. L. The senate has power, at the request of the Governor-Gen- 
eral, to authorize him to declare one or more provinces or islands of 
the Archipelago to be in a state of war in case of invasion or attack 
from abroad. ^ - • 

Art. LI. Incase the senate convenes as a tribunal of justice its 
members should previously take an oath for the special acts whit-h 
they are to perform. Its decision, dictated by a majority of two-thirds 
of its votes, shall only operate to unseat the accused and to declare him 


incapable of holdinj^ iiny employment of honor, confidence, or in the 
pay of the nation. Furthermore, the person found guilty remains 
subject to a fresh accusation, trial, and punishment for his crime, 
according to the penal law, before the ordinary courts. 


Art. Lll. The chamber of deputies shall be composed for the pres- 
ent of one hundred and ten members, who, on account of no census 
having been made, shall be apportioned to the eleven regions in the 
following manner, subject to rectification hereafter: 

The first, second, third, eighth, and tenth regions shall elect and 
send twelve deputies each; the fifth and seventh, eleven deputies each; 
the sixth, ten; the fourth, seven; the ninth, six, and the eleventh, five. 

Art. LIII. In order to be elected a deput}^ it is necessar}^ to be a 
Filipino; to be twenty -five years of age, and to enjoy all the civil 
rights of a citizen. 

The scheme of election and the conditions of voters shall be deter- 
mined in the constitutional law of the regions. 

Art. LIV. The chamber of deputies shall be entirely renewed every 
two 3'ears, within the three first da3'S of the first week of the month of 
January of the corresponding year, and shall meet annually on the 
first Thursdaj^ of the month of February, unless some other day is 
designated by law, and shall remain in session at least four months of 
each year, not including the time consumed in its organization. Its 
sessions should end on the last day of said four months. 

In case of anj^ deputy's seat becoming vacant by death, resignation, 
incapacity, or any other cause, the regional government to which he 
belongs shall be promptly notified by the presidency of the chamber, 
and shall take steps for the election in the province or division of the 
population which is without a representative, a time of not more than 
twenty nor less than ten days between the announcement of the elec- 
tion and the election itself being indicated. 

In case the chamber of deputies finds it necessary to exercise the 
right to accuse before the senate the secretaries of the cabinet, the 
members, the president, or attorney -general of the supreme court, in 
ordei to hold them responsible for malfeasance in office, or for crime 
in the exercise of their functions, or for common crimes, a majority 
vote of two-thirds of the members present shall be necessary to decide 
that it take such action. 

T1T1.E IV. 


Art. LV. First. To legislate in matters of the customs and the valu- 
ation of goods, and to establish duties on imports and exports, all of 
which shall be uniform in the whole Archipelago. 

Second. To impose and fix taxes, duties, and direct and indirect taxes, 
which shall also be uniform in all federal territory. 

Third. To contract loans on the credit of the country. 

Fourth. To arrange for the coinage of necessary moneys and to fix 
its value, as well as the value of foreign moneys, and a uniform scale 
of weights and measures. 


Fifth. To regulate the use and disposal of lands belonging to the 

Sixth. To authorize the establishment of banks and their branches, 
and to govern their operations and issue of bank notes. 

Seventh. To regulate the free navigation of rivers of the interior 
and to open ports and create or close custom-houses. 

Eighth. To draw up and approve annually the budget of receipts 
and expenses of the federal government .and administration, and to 
examine, reject, or approve the accounts of the use of national nionev. 

Ninth. To make laws or civil codes — mercantile, penal, and judicial— 
for mining, water supplies, canal, and fishing rights; for railroads, 
mails, telegraphs, and telephones; those relative to citizenship and 
naturalization, emigration, and inmiigration; the colonization of 
national lands; the establishment of new industries, connnerce on 
land and sea, and the concession of temporary privileges and rewards, 
and whatever laws may be necessary and fitting for the exercise of the 
dispositions of this constitution or conducive to the moral and material 
progress and the prosperity of the countr}^, and, finally, the law govern- 
ing the election of senators and deputies. 

Tenth. To make laws to promote the cvdture and enlightenment of 
the inhabitants of the Archipelago, agreeing upon plans for general, 
primary, secondary, and university instruction, as well as for the 
application of science and the arts, and for literary copyright. 

Eleventh. To make laws conducive to the establishment of govern- 
mental and administratlA^e organizations, both federal and regional, 
and laws to determine the boundai"ies of the Archipelago and of 
the regions in case of alteration or litigation. 

Twelfth. To establish courts inferior to the superior court of justice, 
if it shall consider them necessary, in addition to those provided for 
b}' this constitution, and to decree honors, pensions, and general and 
personal anmesties. 

Thirteenth. To be heard by the Government of the United States, 
by means of the Governor-General, in order to avoid prejudice and 
harm which the Archipelago and its inhabitants might sutler through 
political and commercial treaties made and concluded with other 
nations by said Government of the United States. 

Fourteenth. In time of war. to determine and assemble the militia 
on land and sea which should be mobilized, to authorize the expense* 
necessary for its maintenance, and to determine the region or regions 
which are to furnish it, both for the purpose of executing the federal 
laAvs and, whenever necessary, to put down insurrections and to repulse 
invasions from abroad and, finally, to make ordinances Jind regulations 
for recruiting, management and discipline of the militia and of the 
army which it is deemed necessary- to create. 

Fifteenth. To declare one or more provinces or regions to be in a 
state of war in case of internal disturbance, previously dictating the 
laws to be observed in such a contingency. 

Art. LVl. Any proposed law, having"^ been approved by the cham 
ber of deputies, passes to the senate for its discussion. If approved 
also bv this bodv without any change, it shall be immediately sent to 
the Governor-General for hisexamination. and if it also meets with his 
approval the federal government shall promulgate it as a law to be 
executed by means of the necessary force, from the twentieth day after 
its publication in the federal capital. 
S. Doc. 138 15 


Art. LYIL Every proposed law not returned within the time of 
ten working day.s shall be considered to be approved by the Governor- 
General, within which time he may make use of the right of veto which 
this constitution confers upon him. In which case he shall return the 
bill, with a detailed statement upon which the veto is founded, signed by 
the Governor-General, and countersigned by the proper secretary to 
the chamber where it originated. UjDon this said chamber shall ex- 
amine and discuss it anew with the objections sent with it, and if it is 
conlirmed by a majority of two-thirds part of the votes present, the 
bill passes to the other chamber. If confirmed here by an equal 
majority, the bill passes again to the Governor-General for its 
promulgation within said term of ten days. 

In case the Governor-General makes use of the veto for reasons 
which he communicates in detail to the chamber where the bill origi- 
nated within the said term of ten days, the promulgation of the law 
shall be suspended, under federal responsibility, until the following 
annual legislature. 

In case the chamber in which the bill originated should by said 
majority of two-thirds of the votes present insist upon again present- 
ing the proposed law, the proposed law becomes a law in fact, and 
shall at once pass to the Governor-General for its promulgation. 

Art. LVIII. In sanctioning laws, this formula shall be used: ''The 
Senate and Chamber of Deputies of the Philippine Islands in Congress 
assembled, decree by power of law * * * , 

Title \. 
the governor-general. 

Art. LIX. A governor-general, appointed by the President of the 
United States, shall exercise the supreme federal government in the 
name of the people and Republic of the United States and of their 
President. This functionary is of a civil character, and shall have the 
superior command of the land and sea forces of the Archipelago. 
All other authorities of the Republic shall be subordinate to him and 
he shall be responsible for the preservation of the order, peace, 
security of the islands and the fulfillment of this constitution, being 
obliged upon entering upon his office to take the proper oath before 
congress, presided over })y the president of the senate. 

The Governor-General shall be responsible to the Government and 
Congress or to the Supreme Court of the United States, according to 
the laws of the same. 

Art. LX. The Governor-General as a representative of the President 
of the United States shall exercise his functions assisted by his secre- 
taries of the cabinet, and none of his decisions or resolutions can take 
effect unless it has been referred to the proper secretarj^, who is 
responsible for the performance of the decree or resolution when he 
has received it. 

No functionary shall fulfill any decree or resolution of the Governor- 
General unless this requisite form is observed. 

Art. LXI. The functions of the Governor-General are: 

First. To provide for the promulgation, the publication and execu- 
tion in the Islands of the laws, decrees, treaties, agreements, inter- 
national measures and other legal dispositions of a federal character 
issued by the legislative power. 


Second. To appoint civil and military employees, according to the 
laws and regulations of each institution, and 'to freely appoint and 
remove the individuals administering the offices of secretaries of the 

Third. To exercise the pardoning power, according to law, to sus- 
pend the execution of capital punishment, in the name of the President 
of the United States, and to secure pardon or commutation of said 
penalty, in agreement with the cabinet of said secretaries. 

Fourth. To suspend, said cabinet of secretaries agreeing, the guar- 
antees expressed in former articles and in article 30 of this constitu- 
tion, taking whatever measures he may deem necessary to preserve 
the internal peace and the securitv and the integrity of the territory. 

Fifth. To take care that all rights, immunities, and privileges recog- 
nized in this constitution are respected, and that all laws, dispositions, 
and regulations of federal, regional, or municipal nature are carried 
out. and that speedy and complete justice is administered in the country. 

Sixth. To suspend and dismiss the civil and military functionaries 
whose appointment is in the power of the federal government, the 
cabinet of secretaries agreeing, at the responsibility of said cabinet 
and in conformity with the laws previously in force. 


Art. LXII. The secretaries of the cabinet are four, and are: Sec- 
retary of State, of the Treasury, of Instruction and Public Works, of 
Agriculture. Commerce, and Industry, and the secretary or secretarie 
which the Government of the United States may designate to carry on 
the affairs of War and Marine. Customs, and flails, and Telegraphs. 

The vice-presidency of the cabinet shall be held by the secretary 
designated bv the Governor-General from among those mentioned. 

The increase or diminution of the secretaries of the cabinet, as well 
as the determination of the business which belongs to each is in the 
power of the federal congress. 

Art. LXIII. The secretaries of the cabinet may be members of 
either chamber, or others not deputies or senators. All shall have 
right of entry and a seat in the chamber in which their presence may 
be necessary.' and may take part in discussions, but shall only have a 
vote in case he is a member of the chamber. All are collectively and 
individually responsible for their acts to the colegislative bodies, accord- 
ing to the laws of procedure and the penal laws. 

The secretaries may not by themselves agree nor resolve upon any- 
thing of a general organic or regulating character, except in matters 
concerning the internal administrative and economical rule of their 
respective departments, although such resolutions may be within the 
previsions of law. 

(Here a title containing sundry comprehensive articles or articles 
referring to the judicial power is omitted.) 

Title \T1. 

regional government. 

Xrt. — . The regions reserve all power not delegated by this con- 
stitution to the Federal Government. In each is recognized the power 
of forming its own regional institutions, to lay down the laws ueces- 


saiy to this end, to govern itself bj said laws, to elect, b}^ direct suf- 
frage, the members of its legislative chambers, said chambers having 
the right to elect the lieutenant governors of provinces, although the 
veto of the regional government can suspend the possession of said 
lieutenant-gov3rnor until any incident which may arise is definitely 

Art. — . Each region is authorized to dictate and form its own con- 
stitution and all laws and dispositions relative to the election of 
regional deputies and senators and to the members of municipal gov- 
ernments, determining the conditions, personality, and fitness of the 
voters, the form of the election, the distribution and division of the 
towns, and the point where the voters are to exercise their right of 
suffrage; to make laws conducive to the prosecution of public works, 
of commerce, navigation, and communication in the interior, agricul- 
ture and industry, and laws concerning hygiene, education, moral 
and material progress, and the prosperity of the region and its 

Art. — . The regional congress can not pass any code or law of a 
general character nor infringe upon the attributes and powers of the 
Federal Government. The presidents of regional legislatures shall 
give account or advice to the presidents of the federal senate and 
chamber of deputies of all laws, resolutions, and regulations which they 
may have adopted. The office of federal deputy or senator is not 
incompatible with that of regional deputy or senator. 

Questions between two or more regions are submitted to and shall 
be settled by the supreme court of justice. Actual strife and hostili- 
ties between tw^o or more regions are considered acts of civil war, 
which the federal government should suppress and put down, in con- 
formity with the federal law. 

Art. — . Regional governors are the natural agents and delegates 
of the Governor-General and of the federal government to cause this 
constitution and all the laws dictated for the autonomic rule of this 
Archipelago to be fulfilled. 

Title — . 

Art. — . At the suggestion of the government, or by virtue of a 
proposition presented and signed in the chamber of deputies by seven 
of its members and by five in the senate, the reform of this constitution 
may be agreed upon, provided that a two-thirds majority of each 
chamber declares that it is its opinion that there is a necessity for such 
deliberation. This declaration having been made, a comprehensive 
statement of the article or articles which are to be modified and of 
those which are to be substituted for them shall be laid upon the 
presidential table, and, twelve days having passed, its discussion shall 
be proceeded with in the ordinary form, a two-thirds of the votes 
present being necessary to approve each of the articles and the whole 
of the proposed reform. 

temporary DISPOSITION. 

While the codes and complementary and organic laws are being drawn 
up and the country is being organized according to this constitution 
those laws and codes in force before the 13th of August, 1898, with 
the modifications made by the government of occupation, shall be con- 
sidered in force until the promulgation of said codes and laws. 



S It. -^ 

I ^ i 
I I 

?. PLI 

The Spanish Sovereignty atid the Philippine Autonomy. 

— Representation and authority of the King, which is the nation. 

—Guardianship and defense o"f the State constitution. 

— Faculties iohereut to thu Patronato de Indiaa (Lordship over the 

— Responsibilitv for the preservation of order and the seeunty- of 
the Philippines. 


General Government 

Si>,creujnty "f Spain. 


The Assembly 

•..M-ntatioit vftlie AnhiprJcg". 
Legl'*ktive power. 

— Geneml administration of the an-liipelago (as alhv 
era! estimate for the State). 
— Direction of the general policy. 


—Appointment and di^^mi-- 
bnni.-hVsof tbeexeeutivp. in 
nation. (Appointment and <\ 

— Declaring null and void 
assembly when they are ulra 
national interests. 

— Exorcise of clemency 

■ of the King and suspui 

General:, and shall he 

,_ ,_ ... s of capital punishment. 

Note.— 7^ council oj^ the mmistera of the Kingdom «haU d€<Hd€ <> 
cases of respongihilities incurred hy the Govmw. 
amen&U to the supreme trSmnal of the nation. 

— Pulilic local administration or interests which are purely and exclu- 
vivilv rhilippine. in conformity with a principle of rauical decen- 
tt:ili^:itioii, under the unity of the State and assuming the integrity of 
till' .Spimish mother country, such as: 

- Administration of local jvistice; administrative organization; ter- 
riliuiiil, provincial, municipal, or judicial division, establishment and 
polin> nf towns; Philippine militia; electoral proceedingsj institution 
of the census; qualification of electors; how to e " ' 
piutirularly as regards the election of Fhilippi 
Spanish Corte; 

the suffrage, 
deputies to the 
a token of the strong ties that bind the Philippines 
and the mother country. 
— Public education. 
—Public works and communicationw (i 
— Cliaritiew and sanitation. 


-Ajrriculture. industry, 
inicne relative to the Philippi 
-I'liblii' credit— Ijanks and cur 


-AVorkingmen. (Labor.) 
- ViitinL'' mid i»reparing the estimate of local 
-, iiii.j I' nature, object, and ends, 
iiiti.tions of the sovereignty a 

sand expentii- 
rithout encroaching, 
regards the genond 


The Council of Government g- ' 

licspomUniity oflh^ MininUi's. 8 I 

Executive power. " 

i .^uls to the centi-al Government relative to the nbro- 
iiiiit of tho laws in force in the Kingdom, projected 
■iibjects, and executive dispositions toucning the 

1^ to the Governor-Gcnei-al tho oath that binds him 
"litution, and the laws guaranteeing the Philippine 
> make effective the responsibility ot the Philippine 

il. Their duties arc to make effective 

.1 F i nance. the national laws and the statutes, 

I . race and Justice. . and all other acts of the Philip- 

' 1 1 1 ivernnient. ' ] 

Ml Public Education. I i 
..J Public "Works and - 

c C 
I b 

• The following quMtions, f 

B othors, shall be submitted to the a 

e public I'o 

>, the 

ipal and provincial laws and the 

r >*' oreaiuMition c' '-' '' "'"" 

niotlificatione than those required by thu* 

irgue and offices. , , , .- 

1 Tilipinofl or Spuniarda apt for the di.«<;harp! of such tluties. 

honesty in all the braiicln» of the adminiatnitivu semec, 

either in edutation or in books, 
.^stitiition aa well as tho municipi , . , 

1 1 a, civil and criminal procedure, ofgamwition of 

dificationstti- =— ' '"■ "■" '-■ 

8 and offices. 

vithin llie national unity. 

), dependent upon the 

Knineulars and the ielandere; 
lindual, the correspondence, 

rc'hipclago, and giving 



broad decen tiali 

of progreffl. 


Sunprewion of thi 

A libenil. gradnal 

which lead to thu enidu 

The <.■l«^v\^xw^^^ uf 

promoting' ili^- v.-ri.nltTi 

.ji._Mu.. ...1.-1. fhould do away mth 

ichemt', both provincial and inunidpat, which gbould 

abroad in detail 
Financial QuKfrioss.— The reduction of pub 

development of the UU-ral and di 

d protect the imrties againsi the Blownew. the arroganM'. and tl 

■ and property ot the great aocial orvaiiieniB. 

inocratic ideas and the neceaeity of adjusting our poUticai hie u 

be gcnomi 

unfairly and uniustly burden the popuhir claasCB. 

iiliutely eupp 
■ llie Uuited 

inn under private i 

lilating tho Bolutioi 

it both pemniiular and foreign iinuiigntioii by t 

lilating tho solution ot the social problem 

», England, Gennnny, Fmnre, nnil J.I»n, on tlio bam« ot unple redprodly. Ihm 
Sn of freedom of eoiilnieu, Hun meelioj Ibe nee<l for Uboren 
le ot private partiee. 
Minih, Jmt 19, 1S9S. 

Pedro a, paterno. 

. Doc-. 13S— To face page 22S 

Exhibit VIII. 


Memorandum setting forth brief!}- some facts and figures regarding 
the civil administration of India (in particular of Burma) and of Cey- 
lon, the Federated Mala}- States, and the Straits Settlements, as well as 
the military force employed. 

Montague Kirkwood. 

Tokyo, October 6, 1899. 


Part I . — Administration 230 

1 . India 230 

2. Cevlon 232 

3. The Federated Malav States 233 

4. The Straits Settlements 234 

Part II. — Area, population, religion, races ^ 235 

1. Burma 235 

2. Cevlon 235 

3. The Federated Malav States 235 

4. The Straits Settlements - 235 

Part III.— Finance 236 

1. Burma 236 

2. Cevlon 237 

3. The Federated ^lalay States 237 

4. The Straits Settlements 238 

Part IV.— Salaries of higher officials 239 

1. Burma 239 

2. Cevlon 239 

3. The Federated :\Ialay States 240 

4. The Straits Settlements - - - 240 

Part V. — Military forces and expenditure 241 

1. Burma 241 

2. Ceylon 241 

3. The Federated Malav States 242 

4. The Straits Settlements 242 

Part VI.— Police 243 

1. Burma 243 

2. Ceylon 24o 

3. The Federated Malay States ^^o 

4. The Straits Settlements 24b 

Part VII.— Justice i^^ 

1. Burma. 


2. Ceylon 249 

3. The Federated :\Ialav States 249 

4. The Straits Settlement ^-^^ 



Part I. — Administration. 

1. INDIA. 

1. India is governed in England through the secretary of state for 
India, who is a cabinet minister, and who acts in most cases in concert 
with his council, called the council of India; while in India the supreme 
authority is vested in the governor-general (viceroy), who, wnth but 
few exceptions, exercises his power "in council;" that is, w'ith the 
advice of his executive or legislative councils. 

2. The council of India consists of experts. It can not have more 
than 15 or less than 10 members. Three having professional or other 
qualifications may be appointed for life; the others are appointed for 
ten }■ ears. This term may, in special cases (and for special reasons), 
but subject to the approval of Parliament, be extended for five years 

The usual qualification for a member of council is that he shall have 
served or resided in India for at least ten years, and that it is not as 
much as ten years since he left India. Ordinary' civilians, as well as 
ex-officials, are eligible. 

3. The governor-general of India is appointed b}" the Crown. No 
period of time is by law fixed for his tenure of office, but it is bv cus- 
tom regarded as limited to five years. 

1. The governor-generaFs council consists of five ordinaiy members, 
appointed by the Crown. A sixth ordinary member may be appointed 
for public works. The commander in chief in India may also be, and 
in practice alwa3\s is, an extraordinary member of the council. 

5. For purposes of legislation the council has added to it additional 
members, nominated by the governor-general, which must not be less 
than 10 nor more than 16, and of which officials must not number more 
than half. Rules with respect to such nomination are made by the 
governor-general with the approval of the secretary for state. 

On the 1st of Januar}^ 1899, such council consisted of 5 official 
members and 7 nonofficial members, of whom 5 were natives. Four 
of the nonofficial members are appointed by the governor-general on 
the recommendation of a majority of the nonofficial additional mem 
bers of the provincial legislatures of Madras, Bombay, Bengal, and the 
northwestern provinces and Oudh, each legislature recommending one 
member. A fifth nonofficial member is recommended by the Calcutta 
Chamber of Commerce. 

6. In the provinces of Madras and Bombay there is a governor with a 
council, the ordinary members of which — two in number — are appointed 
by the Crown. To these ordinary members are added, for the making 
of laws and regulations, 20 additional members, of whom not more than 
9 can be officials, whilst of the 11 nonofficial members the greater part 
are recommended to the governor by various bodies, such as munici- 
palities, classes of large landholders, and so forth, as the governor in 
council may prescribe in order to obtain "a fair representation of the 
different classes of the community." On the 1st of January, 1899, 11 
of the members of the Bombay legislative council were natives and 10 
of the Madras. 

7. In the other great provinces of India, viz, Bengal, the northwestern 
provinces, the Punjab, and Burma (since 1897), the constitution of the 
government is different. These provinces are administered by lieu- 


tenant-governors, who must have served in India at least ten years. 
They are appointed by the governor-general, with the approval of the 
Crown, and are always selected from members of the India civil serv- 
ice. These lieutenant-governors have no councils for executive busi- 
ness, but the governor-general may appoint for them a legislative 
council, which has in each case been done. In Bengal the legislative 
council at present consists of IT members, besides the lieutenant-gov- 
ernor, of whom 9 are natives; in the northwestern provinces and Oudh 
of 12 members, of whom i) are natives; in the Punjab of 9, of whom 
4 are natives, and in Burma of 9, of whom 2 are natives. 

8. In India the unit of administration is the district. Every prov- 
ince or presidency is divided into districts, each of which has its sepa- 
rate organization. The details of organization dlfier considerably in 
the various provinces, but the general principles on which the admin- 
istrative system is based do not greatly vary. 

9. The "districts" are grouped into '"divisions," each of which is in 
charge of a '"commissioner." 

Ever}" district is partitioned into subdivisions. P^ach revenue sub- 
division is in charge of a native of high position. 

Under each district officer there is generally a deputy for the man- 
agement of the work of the district, and one or more assistants. These 
officials are members of the covenanted civil service, and are conse- 
quently almost always Englishmen owing to the few natives that have 
passed the requisite examinations. 

10. Every district is divided into a number of police divisions. The 
officials in charge of these police divisions are generally natives, and 
the}" have under them constables, clerks, etc. 

In each police division every village or circle of villages has, accord- 
ing to ancient custom, its "chaukidar" or village watchman, who has 
to report to the police all matters they should know. 

At the headquarters of each district there is a district superintend- 
ent of police. With the assistance of inspectors and others he super- 
vises, subject to the general control of the district officer, all the police 
affairs of the district. 

Every district has its jail and prisons, its staff of engineers for con- 
structing and maintaining its roads, bridges, and other public works 
and buildings, its hospitals, post and telegraph offices, and schools. 

11. The schools connected with the educational department are, gen- 
erally speaking, of three kinds. Several villages are grouped together 
into circles, each of which has its school for the poorer classes, and in 
which is chiefly taught, in the vernacular, reading, writing, arithmetic, 
and a little geography. For more advanced education there is in each 
revenue subdivision a school teaching, also in the vernacular, Indian 
history, geography, arithmetic, algebra, the elements of natural science, 
and other subjects, while at the seat of government or the district is a 
school of a still larger description in which English is taught. _ 

There are besides these many purely native schools not aided by 
government, and also some schools, conducted by private persons, in 
receipt of grants in aid from the government. 

12. Most large towns have their nuuiicipalities, which are found of 
the greatest use in cooperating with the government officials in the 
management of sanitary matters, roads, schools, hospitals, etc., ^yhile 
similar boards exist in 'the rural districts. It has been the aim of the 
authorities to promote an intelligent interest in local self-government 


in India, but the people do not for the most part concern themselves 
much with such questions, and while imperial taxation is williug-ly 
met, local taxes are grudgingly imposed and often with difficulty col- 

13. The principal civil offices in India are mostly held by members 
of the covenanted India civil service or India civil service proper, who 
have obtained admission after passing competitive examinations held 
in England. Any British subject may become a member of such serv- 
ice, the Queen's proclamation running "so far as may be, our subjects 
of whatever race or creed shall be f reelv and impartially admitted to 
office in our service the duties of which thej' may be qualified bv their 
education, ability, and integrity to discharge." 

To give further facilities for the employment of natives a statute 
was passed in 1870 giving the governor-general, subject to the sanc- 
tion of the secretary of state, power to make rules for the employ- 
ment, in the same capacity as members of the covenanted civil service, 
natives of ''proved merit and ability." 

In 1886 an influential commission was appointed to investigate the 
w^hole question of the employment of natives and as a result of its 
report, which was unanimous, a modified system was established. The 
higher branches of the executive and judicial administration became 
divided into two sections: 

(1) An imperial service called the civil service of India, to which 
admission can only be obtained l)v competitive examination in England, 
but open to all subjects of the Queen, without distinction of race. 

(2) A provincial service recruited in each province under conditions 
suitable to local circumstances, and consisting for the greater part of 
natives of the province. 

14. On the 1st of January, 1899, there were 997 Englishmen in the 
civil service proper of India. The area of British India and the feud- 
atory native states is approximately 1,500,000 square miles, with an 
estimated population of over 300,000,000, of which British India alone 
has an area of nearly 1,000,000 square miles and a population of over 
230,000,000. The whole of the higher executive and judicial work in 
this immense area and over this enormous population is performed b}' 
these 1,000 officials (in round numbers) with the aid of natives, or an 
average of one such European official to every 1,000 square miles of 
country and to every 230,000 inhabitants. 

Note. — It must be borne in mind that the amount of furlough "earned" by an 
official is one-fourth of his active service, so tliat one-fifth of the total of the above- 
referred to civil servants are always absent on leave. 

15. As an example of Indian administration I shall in this memo- 
randum take the province of Burma as being the latest to come under 
British rule. 


16. The government of Cejdon is administered by a governor, aided 
b}^ an executive council of 5 members, namely, the lieutenant-governor 
and colonial secretary, the officer connnanding the troops, the attorney- 
general, the auditor-general, and the treasurer, and by a legislative 
council of 17 members, consisting of the members of the executive 
council, 4 other officeholders, and 8 nominated unofficial members. 

17. The governor is appointed l)y the Crown, to hold office during 
the Queen's pleasure, l)ut his period of office is, as a rule, confined to a 
period of six years from the assumption of his duties. The "4 other 


oflSceholders " are generally the government agents of the two chief 
provinces, the principal collector of customs, and the director of pub- 
lic works. 

The ''8 nominated unofficial members'- are at present 1 Tamil, rep- 
resenting Tamil interests; 1 Englishman, representing planting inter- 
ests; 1 Englishman, representing mercantile interests; 1 Singhalese, 
representing Singhalese interests; 1 Englishman, representino- general 
European interests; 1 Moorman, representing Mahommedan interests; 
1 Eurasian, representing Eurasian interests; 1 Singhalese (of Kandy), 
representing Kaudyan interests. 

18. All bills before they are discussed by the legislative council 
have to be published in at least two numbers of the Official Gazette. 
This publicitv enables an expression of public opinion in the press 
and otherwise before any measure is debated. 

19. For purposes of general administration, Ceylon is divided into 
9 "provinces" presided over by "government agents," who corre- 
spond to "district'' officers in India (pars. 8, 9). and each of these 
provinces is divided into districts. The government agent is at the 
same time district agent of the district in which is situated the seat of 
the provincial government. Each outlving district is in charge of an 
assistant government agent under the government agent. 

20. Each district is divided into divisions, each of which is looked 
after by a chief headman ("mudaliyar"); each division, if too large 
for the "mudaliyar" to supervise, is divided into subdivisions, which 
are in charge of smaller headmen ("muhandicams"). The divisions 
or subdivisions are again divided up into groups of villages under 

21. The government agent of a province is generally relieved of his 
judicial duties by a district judge, also an official of the civil service 
proper. His chief duties then are to collect the revenue: to act as 
chairman of the provincial and of the district road committees, of the 
municipal council, of the local health board, and of the provincial irri- 
gation board; to register marriages, births, and deaths; to superin- 
tend the police, both regular and rural: and to supervise all irrigation 

22. The civil service proper of Ceylon is restricted to those officials 
who discharge executive duties in the administrative, revenue, and 
judicial branches of the service, and does not as a rule comprise those 
other officials who require some special professional or scientitic edu- 

The Ceylon civil service proper is, like that of India, open to all sub- 
jects of the Queen irrespective of creed or race. The vacancies are 
filled up by competitive examinations. It consists of about 75 mem- 
bers, of whom 7 are Eurasians or natives. With the (exception of 3 
judges of the supreme court (par. 94), the principal judicial work as 
well as the administrative work is discharged by these officials, so that 
68 members of the civil service proper and 3 judges, or in all 71 offi- 
cials, constitute the British power necessary for the civil government 
of an area of about 25,(;>0U square miles and of a population of more 
than 3,500,000. 


23. The government of each State consists of the sultan, advised bv 
the British resident, and assisted by a council of state composed of 


the sultan, the resident, the secretary to the government of the State, 
several of the leading Malay chiefs"^(five to eight), and one or two of 
the leading Chinese. 

Subordinate to the British resident is a staff of officials ; British, 
Malay, and Eurasian in the higher offices, and of various races in the 
lower ones. 

Over the four States is a resident-general, as well as certain other 
federal officials. 

The resident of each State is appointed by the secretary of state for 
the colonies, and acts under the instructions of the resident-general 
and of the governor of the Straits Settlements, who is also chief com- 
missioner of the federated jVIala}" States. 

24. Each State is divided into districts for administrative purposes, 
varying from about 2,000 to 500 square miles each. 

The officers in charge of these are called "district magistrates," the 
chief duties of such an official being : 

(1) To hold courts, both civil and criminal, at the chief place of the 
district and at outlying places on days fixed by the resident. 

(2) To act as coroner. 

(3) To superintend the land office of the district. 

(4) To collect revenue of all kinds and to manage the subtreasury 
of the district where no special official is appointed. 

(5) To maintain order and to suppress crime. 

(6) To pav attention to sanitation and take all proper precautions 
on the outbreak of infectious diseases. 

(7) To frequently" and carefully visit jails, hospitals, asylums, and 
other public institutions. 

(8) To frequently visit all vernacular schools, encourage education, 
and support the efforts of the inspector of schools. 

(9 To encourage and foster ever}" industry — agricultural, com- 
mercial, or otherwise. 

(10) To make monthly and annual reports, the former taking more 
the form of a journal setting forth what has occurred, what he has 
done, where he has been, etc. 

25. Every district is divided into divisions, at the head of which is a 
native headman. They exercise a limited jurisdiction and have con- 
siderable local power. 


26. The Straits Settlements consist of Singapore, Penang (including 
Province Wellesley and the Dindings), and Malacca. 

27. The colony is administered by a gOA'ernor, aided by an executive 
and a legislative council. 

The executive council is presided over by the governor and is com- 
posed of the officer commanding the troops, the colonial secretar}', 
the resident councilors of Penang and Malacca, the attornej^-general, 
the treasurer, the auditor-general, and the colonial engineer. 

The legislative council is also presided over by the governor, and 
consists of nine official and seven unofficial members. Of the latter 
five are nominated by the governor and two by the chambers of com- 
merce of Singapore and Penang. 


Part II. — Area, Population, Religion, Races. 

28. The estimated area, exclusive of the tributary Shan States, which 
are nevertheless under British supervision, is 183,'485 square miles, of 
which Upper Burma (annexed 1886) has 95,654 square miles and 
Lower Burma 87,831. 

29. The population is to-day probably over 10,000,000. The last 
census (1891) showed a total of 8,146,855, ot which Lower Burma had 
4,658,627 and Upper Burma 3,112,267, or an average number of 53.04 
inhabitants per square mile in Lower Burma and 32.54 in Upper 

30. The principal religion is Buddhism. About 800,000 of the 
inhabitants come from India proper, and there are about 70,000 Chinese 
and 40,000 Europeans and Eurasians. These latter are chiefly officials 
and traders. The Chinese are also traders and shopkeepers. The 
Indians are emploj^ed on every kind of labor. More than three- 
fourths of the total popidation are engaged in agriculture. 


31. The area is 25,365 square miles, with a population of probablv 
over 3,500,000, the last census (1891) showing 3,007,789 persons. 
Taking the former figure we have an average number of 137.59 inhab- 
itants to the square mile. 

32. The principal religion is Buddhism; but there are about 600,000 
Hindoos, 300,000 Christians, and 200,000 Mohammedans. 

33. The Singhalese number about 2,250,000. Constituting the bal- 
ance of the population, there are about 1,000,000 Tamils from South 
India, and over 200,000 Moormen and 10,000 Malays. The Eurasians 
amount to about 25,000, while there are only about 5,500 Europeans. 
Nearly three-fourths of the total population is engaged in agriculture, 


34. The area of the four federated States is about 25,000 square 
miles with a population estimated at about 700,000. 

In Perak there is an average of about 40 persons to the square mile, 
w^hile in Pahang it is only about 6. 

In Perak and Selangor the Chinese population equals, if it does not 
exceed, the Malay. Tamils from South India number over 30,000, 
and are chiefly employed as laborers on coffee and other agricultural 


35. The area of the Straits Settlements is only about 1,542 square 
miles, with a population now estimated at over 600,000, the last census 
taken in 1891 showing 548,536. On the above estimate the population 
would show an average of about 400 to the square mile. 

In 1891 there were 247,751 Chinese, 223,973 Malays, 57,896 Indians, 
and 7,239 Europeans, as well as Eurasians and other nationalities. 


Part III. — Finance. 
1. BURMA. 

36. The finances of the province of India are controlled to a great 
extent b}" an elaborate arrangement under which the provincial govern- 
ments are quinquennially assigned certain portions of certain of the 
imperial revenues of India. 

The revenue for Burma for 1895-96 was 60,683,538 rupees, and for 
the expenditure 41,355,038 rupees. 

3t. The chief sources of revenue of Lower Burma are the follow- 
ing, with the gross amounts collected for 1895-96: 


(1) Land revenue proper 11, 246, 893 

2 Customs 10,456,462 

3) Capitation tax 3, 942, 854 

'4) Forests 3, 414, 540 

5) Fisheries 1, 688, 276 

6 Excise 1,589,152 

7) Opium 1 , 531 , 960 

(8) Stamps 1,360,001 

38. The chief sources of revenue in Upper Burma are the following, 
with the gross amounts collected for 1895-96. Upper Burma having 
no seaboard, no customs are collected, all exports and imports passing 
through the ports of Lower Burma, and the income derived therefrom 
appearing in the item of customs given in the above paragraph. 


1) Thathameda or houseliold tax 5, 351, 687 

2) Forests 2, 281, 283 

3J State land rents 1, 267, 104 

4) Land revenue (miscellaneous) 1, 097, 235 

5 Excise 349, 821 

6) Stamps 344, 476 

7) Opium 291 , 098 

The household tax and state land revenue was considerabl}^ below 
the average in this year owing to a very bad season and consequent 
large remissions made. 

39. In Lower Burma the incidence per acre of land revenue on the 
total area assessed was for the year 1895-96 under If rupees per acre, 
while for each acre cultivated it was nearly 2 rupees. 

In Upper Burma the incidence per acre on each cultivated acre was 
If rupees. 

40. In Lower Burma the taxes which the agriculturist pays more or 
less directly are: (1) Land revenue; (2) cess on land revenue for local 
expenses; (3) capitation tax; (4) export duty on rice. 

The incidence of these per acre of cultivated area is somewhat as 


Land revenue 1. 91 

Cess 19 

Capitation tax 49 

Export duty on rice 1. 08 

Total 3. 67 

The incidence of all taxation per head in Upper Burma i.^ about 3.80 
rupees. Persons living within nuinicipalities have to ])ear a numici- 
pal taxation amounting in the average to about 3 rupees a head. 


41. The expenditure for Burma for 1895-96 was 41,355,038 rupees. 
The chief items were: Police (civil and militar}^), public works, gen- 
eral administration, and justice. 


42. The revenue for 1897 was 24,006,522 rupees and the expenditure 
21,634,378 rupees, but if the items specified in paragraph 44 for rail- 
ways, public works, charges on account of public debt (which is a 
money-earning debt incurred for public works), military expenditure, 
and pensions be eliminated, it will be noticed that the actual cost of 
civil government onlv amounts to about 9,000,000 rupees per annum, 
or about 13,000,000 United States gold. 

43. The chief sources of revenue, taking the average of the past 
few years, are: 


Government railways, about 7, 000, 000 

Customs, about 5, 500, 000 

Excise, about 3,500,000 

Stamps (revenue and judicial) , about 1, 500, 000 

Posts and telegraphs, about 750, 000 

There is no revenue derived directly from land in Cevlon. This is 
due to an erroneous policy in the past and a fear to correct it in the 
future so long as sufficient revenue from other sources is easily forth- 

44. The chief items of expenditure have been: 


Railways, about 3, 500, 000 

Public works, about 3, 500, 000 

Charges on account of public debt, ^ about 3, 000, 000 

Contribution to military expenditure,^ about 1 , 800, 000 

Provincial administration, about b 100, 000 

Hospitals and dispensaries, about b 000, 000 

Pensions, about 920, 000 

Post-offices and telegraphs, about 850, 000 

Education, about 730, 000 

Police, about 'JS,'?^ 

Law and justice, about oLO, 000 

Forests, about ^-^0, 000 

Prisons, about 50o, 000 


45. I take as examples the two States of Perak and Selangor and 
their closed accounts for 1896. 

In 1875, the first vear that British administration was mtroduced, 
the revenue of the' State of Perak was ^226,233 and of Selangor 
11115,651. In 1890 it had reached $2,504,116 for Perak and §1,888,928 
for Selangor, and in 1896 it came to $3,960,871 for Perak and $3,756,- 
936 for Selangor. Every year continues to show an expansion. The 
dollars are silver Mexican dollars. 

> Incurred entirely for public works, e. g., 217 miles of railway, harbor works, etc. 

2 The figures for 1898 were higher (par. 67), the total being 1,900,976 rupees made 
up of contribution to the Imperial Government for the regular troops l,/88,0bb 
rupees and local payments for the volunteer corps 112,910 rupees. 


46. The chief souives of revenue in 1896 in Perak, omitting- hundreds, 

Mexican dollars. 

Customs 2, 030, 000 

Licenses 769, 000 

Railway receipts 509, 000 

Land revenue 280, 000 

And in Selangor: 

Customs 1, 816, 000 

Railway receipts 750, 000 

Licenses 563, 000 

Land revenue 134, 000 

47. The chief items of expenditure in the same year in Perak were: 

Mexican dollars. 

Railways (exclusive of establishments) 886. Oi^n 

Establishments 799, (X 

Roads, streets, and bridges 792, 0( Kl 

Works and buildings 506, OCO 

Allowances to native chiefs 147, 1 1 'i» 

Medical (exclusive of establishments) 115, UOU 

And in Selano-or: 

Roads, streets, and l^ridges 1 , 009, 000 

Railways '. 875, 000 

Establishments 498, 000 

Works and buildings 370, 000 

Medical (exclusive of establishments) 110, 000 

48. The items of roads, streets, and bridges, railways, and worlds 
and buildings, which may all be regarded as remunerative expenditure, 
amount in the case of Perak to more than one-half of the revenue, 
and in that of Selangor to about two-thirds. 

I am not aware of any countries that are so cheaplv administered 
and that have been able to develop them.selves out of revenue in the 
same way as Perak and Selangor have done. 


49. The revenue for 1897 amounted to 84,-320.207 and the expendi- 
ture to $4,430,603. 

50. These settlements are very lightly taxed, the chief sources of 
revenue, omitting hundreds, being- 
Mexican dollars. 

Licenses 2, 600, 000 

Stamps 260, 000 

Land revenue 243, 000 

Postage 207, 000 

Port and harbor dues 147, 000 

There are no import and export duties. 

51. The expenditure consists chiefly of: 

Military expenditure and volunteers $825, 000 

Public works department, roads, works and buildings, and other public 

works 1, 064, 000 

making the whole of the expenditure for the civil government and for 
justice, police, prisons, education, posts, hospitals, etc., amount to 
but little over $1,000,000 United States gold. 


Part IV — Salaries of Higher Officials. 

52. The following is the annual salary of some of the higher civil 
officials in Burma : 

1 lieutenant-governor 100, 000 

1 chief secretary to government 36| 000 

2 secretaries /?V^ 


2 undei-secretaries i^' j^ 

[iO, 000 

1 assistant secretary ^ 8, 400 

1 financial commissioner 36, 000 

1 secretary to the financial commissioner 10, 000 

1 director of land records and agriculture 21, 600 

8 commissioners of division, each 30, 000 

8 deputy commissioners, first grade, each 22, 000 

10 deputy commissioners, second grade, each 20, 000 

10 deputy commissioners, third grade, each 10, 000 

6 deputy commissioners, fourth grade, each 14, 400 

10 assistant commissioners, first grade, each 12, 000 

12 assistant commissioners, second grade, each 8, 400 

13 assistant commissioners, third grade, each 7, 200 

42 assistant commissioners, fourth grade, each 6, 000 

All these are members of the civil service proper. For pure judi- 
cial officials, see paragraph — . 

53. In the provincial civil service, about half of the posts in which 
are held by Burmans, the yearly pay varies from 9,600 to 3.600 rupees, 
while in the subordinate civil service, the members of which are all 
Burmans. it varies from 3,000 to 1,200 rupees. 


54. The yearly salary of the governor is 80,000 rupees, that of his 
aid-de-camp 5.154 rupees, and of his private secretary 3.000 rupees. 

55. The following are the yearly salaries of the principal officials of 
the civil service proper: 


Colonial secretary 24, 000 

Treasurer 18, 000 

Auditor-general 18, 000 

Government agent — 

Western province 18, 000 

Central province 1 'S 000 

Northern province 18, 000 

Southern province !■!> ^^OO 

Eastern province 1"^> "'OO 

Northwestern province l"*' "^00 

North Central province 10, 800 

Uva province 10, 800 

Sabaragamuwa province 10, 800 

Collector of customs 1"^' "^00 

Postmaster-general and director of telegraphs 9. wO 

District judge— , 

Colombo IJ'jOO 

Kandy \^^^f^ 


Batticaloa ^' ^00 

Kalutara ^'^00 

Kurunegala "' ^xx 

Negombo Z'f^ 

RatnaiHira 1' t^,-, 

Matara '^'^ 


56. The chief justice and the two other judges of the supreme court 
are not members of the civil service. The chief justice is paid yearly 
25,000 rupees and each of the other judges 18,000 rupees. 

57. The mudaliyars or chief headmen (see par. 20) are paid usually 
720 rupees per annum. In the central province, perhaps the most 
important, there are nine mudaliyars. 


58. The resident general is paid $12,000 per annum and the other 
chief federal officials receive: 

Mexican dollars. 

The judicial commissioner 9, 600 

The commandant of the Malay Sikh guides, who is also inspector of prisons. . 6, 000 

The commissioner of lands and mines 5, 000 

The commissioner of police 5, 000 

59. The chief State officials are paid as follows: 

Mexican dollars. 

The resident (Perak) 9, 600 

The resident (Selangor) 8, 400 

The resident (Negri Sembilan) 6, 000 

The resident (Pahang) 6, 000 

Heads of departments 4, 800 to :^, 600 

District officers 4, 800 to 2, 400 

Cadets in the civil service proper begin on $1,500 a jea.v. 

60. Having regard to the heavy fall in the gold value of the Mexi- 
can dollars the officials of the civnl service proper in the Malay States 
are, I think, underpaid, and should have their salaries raised from 25 
to 50 per cent. The members of the service are almost without 
exception able, industrious, and energetic. They have done most 
excellent work. 


61. The governor receives $28,800, as well as $5,000 foi entertain- 
ment allowances. Thesalarvof his aid-de-camp is $3,000, and his private 
secretary $1,800. 

62. The following is the yearly pay of some of the chief colonial 

Mexican dollars. 

The colonial secretary 10, 800 

Assistant colonial secretary and clerk of council 6, 000 

Resident councilor: 

Penang 9, 600 

Malacca : 7, 800 

Colonial treasurer 7, 800 

Colonial auditor-general 7, 800 

Colonial engineer 7, 200 

Protector of Chinese , 6, 000 

Protector of immigrants (Penang) '. 4, 800 

District officers (Penang) 4,800 to 2,400 

63. The pure judicial officials are paid: 

Mexican dollars. 

Chief justice 12, 000 

2 Puisne judges, each 8, 400 

Attorney-general 9, 000 

6 magistrates (2 at $6,000; 2 at |3, 600; 2at$2,400) 


Part V. — Military Forces and Expenditure. 

1. BURMA. 

64. The total military force consists of about 15,000 men, of whom 
about one-third are British and two-thirds Asiatic (almost entirely 

These in 1896 were distributed as follows: 

Lower Burma: 

British 2, 321 

Asiatics 5, 100 

Upper Burma: 

British 2, 222 

Asiatics 4, 825 

65. The expenditure amounts to about 10,000,000 rupees, made 
up of — 


Pay 6,571,396 

Commissariat 2, 558, 692 

Clothing 211, 728 

Medical 168, 422 

Ordnance 42, 186 

The annual average pay of gach Asiatic fighting soldier is 131 rupees, 
whilst of each British officer it is 4,917 rupees; of each native officer 
887 rupees, and of each noncommissioned officer 306 rupees. 


6Q. The military force in Ceylon consists of a British infantry regi- 
ment, 2 companies of British artillery, 2 companies of Asiatic artil- 
lery, officered by British officers, and British engineers. The total 
force numbers about 1,700 officers and men. 

Besides this force there is a volunteer corps of about 1,200 strong, 
consisting of infantry, mounted infantry, and artillery. Various nation- 
alities are represented in the volunteer corps, and their numbers are 
continually changing, but the average proportion is — 

Eurasians, about 475 

British, about 275 

Malays, about 150 

Singhalese, about 125 

Tamils, about '. . 100 

Others, about 75 

The colonial government supplies arms, provides an armory and 
store and 20 rounds blank and 90 rounds ball per man per annum, and 
pays an adjutant, sergeant-major, quartermaster-sergeant, and ten 
instructors. It also grants an annual allowance of 50 rupees for each 
efficient officer of the rank of major or above, 30 rupees for each effi- 
cient officer below that rank, and 20 rupees for each efficient noncom- 
missioned officer and private. 

67. The contribution of the colony to the cost of the regular troops 
is fixed b}?^ Ordinance No. 2 of 1898 at 9i per cent of the colonial rev- 
enue. In estimating the revenue the proceeds of land sales are 
excluded and only the net railway receipts are taken, i. e., from gross 
receipts are deducted (1) charges of working and maintenance, and (2) 
charges for interest and sinking fund on public debt for railway con- 
S. Doc. 138 16 


struction (see par. 44). The contribution for 1898 was 1,788,066 

The government of the colony also pays annually 25,000 rupees in 
lieu of duty on things imported for the troops. 

The cost of the volunteers for 1898 was 112,910 rupees. 

The total cost to the colony for 1898 for regular troops and vol- 
unteers was, therefore, 1,900,976 rupees. 


68. The only military force in the States, now that they are federated, 
is a federal force called the "^Malay States Guides." It is about 900 
strong, with 10 British officers, the noncommissioned officers and men 
being Sikhs. They are a strikingly fine lot of men. Some 300 are 
quartered at Taping (Perak), 400 at Kuala Lumpur (Selangor), and the 
remainder in the other States. 


69. The militaiy force consists of one battalion of British infantry, 
two garrison companies of British artillery, half a company' of British 
engineers, the Singapore companj" of Asiatic artillery, the Singapore 
company of Malay engineers (submarine), und departmental officials, etc. 

There is also at Singapore a volunteer artillery corps, the strength 
of which is about 95 men. 

70. Singapore is defended by forts and batteries armed with heavy 
ordnance, and by a S3^stem of submarine mines. The first cost of the 
forts was about £100.000, which the colony paid out of its revenues, 
the Imperial Government supplving the guns and ammunition. Since 
then further large sums have been expended. 

71. The colony contributes yearly to the Imperial Government a 
sum of money by way of military contribution, which is also paid 
out of revenue. This sum is now fixed at 17^ per cent of the revenue 
of the colony, omitting from such calculation receipts from the sale 
of land and some other small items. The contribution is about 
$700,000. Besides this amount the colony had in 1897 to pay: 

Mexican dollars. 

New barracks, Singapore * 110, 000 

Water supply 4, 750 

Lodgin!.' and rent allowed 8, 000 

Expenditure for volunteers 9, 350 

These items make a total expenditure by the colony for military 
purpose of about 830,000 Mexican dollars out of a revenue of about 
$4,000,000, or rather more than one-fifth. 

This large militar}' expenditure is in no way occasioned for keeping 
the peace in the colony- itself. It is almost entirely required for pur- 
poses of external defense and by the necessity, owing to Singapore's 
position as one of the great links in the chain connecting England 
with Hongkong and the far east, of maintaining the island in a high 
state of defensive efficiency. 

1 $275,000 had already been paid in 1895 and 1896 by the colony for these. 


Part VI — Police. 
1. BURMA. 

72. The police of Burma consists of a civil and military police. 
Besides these there is in certain districts a kind of village police, who 
assist the headman in discharging his duties, and who are appointed 
from among the villagers. Thej' are not paid, except for very special 

In addition to the ordinary civil police there is in Burma a system 
of quartering additional police as a punitive measure, the cost of which 
is, of course, borne by the inhabitants of the district so punished. 

In any locality where dacoities or robberies are frequent, and the 
people make no effort to help themselves, the imposition of punitive 
police has been attended with success. 

73. The civil police force in Lower Burma consists of: 

Inspector-general 1 

Deputy Lnepector-general 1 

A8sij?tant inspector-general 1 

Digtrict and ai^sij-tant district f-uperintendentg .53 

Subordinate officers over and oi 100 rupees a month 110 

Subordinate officers under 100 rupees a month 787 

Mounted poUce constables 20 

Foot police 5, 517 

Water police 175 

Total 6,665 

And in Upper Burma: 

Inspector-general, deputy inspector-general, assifitant deputy inspector-general. 

These are at headquarters at Rangoon, Lower Burma, being the same three 

officials as occupy the position for Lower Burma. 

District and assistant district superintendents 46 

Subordinate officers over and of 100 rupees a month 66 

Subordinate officers under 100 rupees a month 526 

Mounte<^l police constables 427 

Foot police 5, 239 

Water police 

Total 6, 304 

74. The total cost of the above police force is: 


Lower Burma 1,990,767 

Upper Burma 1, 572, 930 

Total .3,563,697 

And their pay per month is as follows: 


Inspector-general 2, 2-50 

Deputy inspector-general ] , 250 

Assistant deputy inspector-general 1, 000 

District superintendents — 

First grade 900 

Second grade 800 

Third grade 7(XJ 

Fourth grade 6(X) 

Fifth grade .500 


Assistant superintendent — Rupees. 

First grade 400 

Second grade 300 

Third grade 250 

Inspectors 150-120 

Subordinate officers Various. 

Mounted police 24-23 

Foot and water police - 14-13 

(14 rupees = $4.66 United States gold. 

Note. — Much has from time to time been said about the pay of the police, and a 
question often asked is how a man can be expected to serve in the police on less pay 
than he could earn as a coolie. But the answer to this is that the police force in 
Burma is rarely much below the sanctioned strength, for there are many reasons 
w^hich induce men to join it even on low paj^. The coolie remains a coolie all his 
life and has to provide all his needs out of his earnings. The police constable has 
the prospect of rising through the grades to well-paid appointments. He is provided 
with clothes and with quarters. He enjoys a certain amount of consideration as an 
official, and if he remains in the force for a sufficiently long time he obtains a pension. 
These are substantial gains. 

75. The proportion of the whole force of police (oflScers and men) to 
area and population is as follows: 

Square miles. 

Lower Burma to area 1 to 13. 13 

Upper Burma to area 1 to 19 

Lower Burma to population 1 to 697 

Upper Burma to population 1 to 504 

76. The races employed in the police force are — 

Lower Burma: 

British of full blood 87 

Eurasians 29 

Asiatics 6, 559 

Upper Burma: 

British of full blood 75 

Eurasians 15 

Asiatics 6,214 

These Asiatics in Upper Burma are almost entirely Burmans; in 
Lower Burma there are about 1,000 Indians. 

77. The military police force was constituted in Burma, and more 
particular!}' in Upper Burma, to take in great measure the place of 
soldiers, and to discharge duties that could not fitly be performed by 
the civil police. 

78. The sanctioned force for Lower Burma is 3,537 and for Upper 
Burma 12,091. These figures are exclusive of 44 British ofiicers, taken 
from the Indian army, and who are the only Europeans in the whole 

The much larger force required for Upper Burma is due to its being 
entirely surrounded on three sides, that is, on every side except where 
it is coterminous with Lower Burma, by high and extensive moun- 
tain tracts occupied by wild and savage tribes, while Lower Burma has 
these only on a part of its eastern and a small part of its western 

79. The total cost of the force and for transport ponies, cooks, trans- 
port drivers, and other followers, is: 


Lower Burma 834, 648 

Upper Burma 3, 210, 904 

Total 4,045,552 


80. The following is the constitution and pay of the force: 




British officers of the Indian army: 


Horse allowance 


Horse allowance 

Assistant commandants 

Horse allowance 

Naib commandant 

Subadar major 








Men and buglers 



































Nearh' the whole of this force consists of Indians. The men are 
fine, tall men, for it is a valuable addition to such a force that the men 
should be fine, tall, and strong, and of a nature to impress the natives 
of wild tribes by their appearance. Indians selected from mountain- 
ous parts of India that have produced good fighting men fulfill such 
requirements. There are no Burmans proper in the force. The duties 
are not such as would suit them, and Burmans are for the most part 
not of a sufiiciently fine physique for the work. Some of the hill 
tribesmen (Karens) have been recruited. Their special local knowl- 
edge, combined with loyaltv, have made them valual)le. The Buddhist 
religion, observed in Burma in its purest form and penetrating, as it does, 
into the very soul of the people, must always prevent them from being 
good fighting men and from taking kindly to a soldier's life. But this 
does not apply mth the same force to the Karens and other hill tribes- 
men, who have not the same religious education and of whom many 
are "Nat" or spirit worshipers. 


81. The police force in Ceylon consists of a European force and an 
Asiatic force. Into the Asiatic force are admitted men of an}^ nation- 
ality not European, on their being properl}" nominated and approved. 
Eurasians are classed for the police as not Europeans. Malays are 
found to make much better policemen than either Singhalese natives 
of India or Chinese. This accounts for the large number of Malays 
in the force. This employment of the best material, of the men that 
seem to do the work best for any particular service, is a characteristic 
feature of British administration in Burma, Ce34on, the Malay States, 
and the Straits Settlements. Where men among the real natives can 
be found equally or nearly equally competent with those of other 
nationalities for any emplovment, the}' are emplov'ed in preference to 
others, but they must show a fairly equal competence. In no other 
way can the administration be economicalh" and efliciently conducted, 
or a proper spirit of emulation and ambition excited among the people. 



82. The following statement shows the sanctioned strength and cost 
of the police force of Ceylon: 





Assistant superintendents. . . 


Registrar of servants and 


Chief inspector 


First-class inspectors 

Second-class inspectors 

Third-class inspectors 


Fourth-class inspectors 

Sergeant-maj ors 



First-class European ser- 


Second-class European ser- 






























Second-class European ser- 

First-class European con- 


Second-class European con- 


First-class Asiatic sergeants. 

Second-class Asiatic ser- 

First-class Asiatic constables 

Second-class Asiatic consta- 

Third-class Asiatic consta- 

Chief clerk 

Clerk and storekeeper 


Office coolies 

Powder-magazine keepers. . . 























483, 832 

Note.— The Asiatic constables' pay -in United States gold is about $7.50, S6, and 85 per month. 

The inspector-general, superintendents, and assistant superintend- 
ents are paid rent allowance and 840 rupees a year for horse allowance. 
These officials are also allowed when traveling three-fourths rupee per 
mile, and the inspector-general 10 rupees, and the others 7.6.0 rupees 
a day for board and lodging. 

Chief inspectors and inspectors also receive horse allowance, and 
when traveling one-half rupee per mile, and 4 rupees for board and 

Asiatic sergeants and constables receive when traveling one-half 
rupee a mile, and two-fifths rupee a day for board and lodging. 

About one-fourth of the total cost of the police force is paid by 
municipalities, towns, and rural districts. 

83. The force is composed of the following nationalities: 

British - 25 

Other Europeans 17 

Eurasians 107 

Singhalese 633 

Indians 212 

Malays 461 

Other Mohammedans 144 

Actual strength 1, 599 

84. The proportion of the whole force to area and population is: 

Square miles. 

To area 1 to 15. 8 

To population 1 to 2, 187 


85. Since the federation of the States there has been a commissioner 
of police for all the States; the police force of each State is, however, 
separate and distinct. 


In Perak the force consists of the following, with yearl}^ salaries: 

Mexican dollars. 

British deputy commissioner 3, 600 

British assistant commissioner 3, 000 

British chief inspector 2, 100 

British district inspectors, 4, at 1, 500 

British first-class inspectors, 4, at 1, 200 

British second-class inspectors, 4, at 960 

Total, 15 British. 

Chief clerks, 2, at ( . ?SS 

' ' (, 1 , 500 

Second clerk, 1, at 720 

Third clerk, 1, at 600 

Fourth clerk, 1, at 480 

Fifth clerk, 1, at 360 

Finance clerk, 1, at 1, 200 

Storekeeper, 1, at 360 

Sikh native oflacers, 3, at 600 

Sikh sergeants, 19, at 180 

Sikh corporals, 18, at 156 

Sikh lance corporals, 13, at 144 

Sikh constables, 100, at 132 

Sikh constables, 100, at 120 

Sikh constables, 215, at 108 

Total, 468 Sikhs. 

Malay sergeant-majors, 2, at 300 

Malay sergeants, 17, at 180 

Malay corporals, 13, at ^ 144 

Malay lance corporals, 13, at 132 

Malay constables, 110, at 120 

Malay constables, 147, at 108 

Total, 302 Malays. 

Every j'^ear the number of Malays is increasing and the number of 
Sikhs decreasing; but in the mining districts, where the population is 
chiefly Chinese and at times disorderh", it will be alwaj^s advisable to 
keep the latter on account of their finer physique and higher sense of 

In addition to the above there are 15 Malav orderlies, at $10 a month, 
attached to the British officials; 11 interpreters, with salaries varying 
from $12 to $50 a month, and 30 detectives (chiefly Chinese) with sala- 
ries from $10 to $18 a month. 

86. In Selangor, where the mining element is not so turbulent as in 
Perak, although two-thirds of the population are Chinese, the police 
force is made up of — 

British officers 8 

Sikhs 32 

Malays 535 

The pay of the members of the force is very much the same as in 
Perak. The expenditure on the Perak police is $203,284, and of the 
Selangor police, $132,268, or a total for these two States of $335,552. 

87. The proportion of the whole force to area and population is: 

In Perak: 

To area square miles. .1 to about 10 

To population 1 to about 400 

In Selangor: 

To area square miles. .1 to about 5. 2 

To population 1 to about 300 



88. The total strength of the force is 1,818, distributed as follows: 

Singapore 813 

Penang (including Province Wellesley and the Bindings) 797 

Malacca 208 

89. It consists of these nationalities: 

Europeans 58 

Sikhs 218 

Malays and Klings 1, 482 

Chinese (detectives) 60 

90. The following table represents the j'earl}^ pay of the various 
members of the force: 

Mexican dollars. 

Inspector-general 5, 400 

House allowance 720 

Clerk and interpreter 660 

Second clerk 240 

Messengers, 2, at $96 192 

Punkah puller 72 

Each superintendent 3, 600^, 800 

Each assistant superintendent 2, 400-3, 600 

Chief inspectors 1, 500 


First class 1, 200 

Second class 960 

Third class 720 

Armorer 1, 200 

Drill instructor 720 

European sergeants 600 

European constables 480 

Sikh sergeant-majors 360 

Sikh sergeants 264 

Sikh corporals 192 

Sikh constables: 

First class 132 

Second class 120 

Recruits 108 

Malay and Kling sergeant-majors 360-300 

Malay and Kling sergeants •. 264—240 

Malay and Kling corporals 192-168 

Malay and Kling constables: 

First class 120 

Second class 108 

Recruits 96 

91. The proportion of the whole force to area and population is: 

To area square mile. . 1 to 0.9 

To population 1 to about 350 

Part VII. — Justice. 

1. BURMA. 

92. Magisterial and judicial duties are discharged by the commis- 
sioners of divisions and their civil subordinates, such as deputy com- 
missioners of districts, assistant deput}' commissioners, and myooks. 
Besides these officials there are in Burma only nine purel}^ judicial offi- 
cials, who either constitute an appellate court, or who are appointed to 
certain places where the judicial work is too nuich to be satisfactorily 


Eerformed by the general administrative officials. This system of 
aying but few purely judicial officers is not only a great economy, but 
is found to work excellently well. Haying regard to the large number 
of cases disposed of, the satisfactory result must be attributed in great 
measure to the people having complete confidence in the honesty of 
purpose and uprightness of the officials. 

The laws administered are, moreover, for the most part the simple 
codes in force in India subject to local laws, regulations, usages, and 
customs, with simple codes of procedure; and as ever}" official of the 
general administrative service has to pass an examination in law, the 
meting out of justice is found to proceed smoothly. 

93. The yearly salary of the higher purely judicial officials is: 


Judicial commissioner flipper Burma^ 34, 560 

Judicial commissioner (Lower Burma) 36, 000 

Recorder of Rangoon 34, 560 

For the other judges 19,200-12,000 


94. The courts in Ceylon consist of the supreme court, district 
courts, courts of request, and police courts. Besides these there are 
the village tribunals and village councils. 

The supreme court is presided over by a chief justice and consists 
of the chief justice and two other judges. These are the only judges 
in Ceylon who are not members of the civil service. The chief jus- 
tice receives 25,000 rupees per annum, and each of the other two 
judges, 18,000 rupees. 

The judges of this court go on circuit and exercise individually 
original jurisdiction in all criminal matters. They sit together as a 
court of appeal in all matters, civil and criminal, two constituting a 
quorum in the event of one being absent or unable to sit. 

An appeal lies from their decision to the priv}" council in England 
in certain civil cases and under certain conditions, but the amount 
invoh^ed must, as a rule, exceed 5,000 rupees. 

95. "Within any district, a district court may be established by the 
governor with the advice of his council, and similarh" in any division 
of a district a court of requests and a police court may be established. 

The district courts are presided over b\' a member of the civil service 
specialh' appointed to discharge such judicial duties only, or where no 
such special official is appointed owing to the work of the district, 
including the judicial work, not being very onerous, by the government 
agent or district government agents. 

These courts have full jurisdiction in civil and criminal matters. 

96. Courts of request and police courts are presided over by civil 
servants in addition to their other duties. The former have jurisdic- 
tion over claims for wages to any amount, and over other civil matters 
where the amount in dispute does not exceed 100 rupees. The latter 
have a limited criminal jurisdiction. They can not inflict more than 
three months' imprisonment or a fine exceeding 50 rupees. 

97. In criminal charges that are tried b}" a judge, assisted by a jury, 
the prisoner, if a Singhalese, has the option of having an English- 
speaking jury or a Singhalese-speaking jury, and if he be a Tamil, a 
Tamil-speaking jur}' or an English-speaking jury. 


98. The law administered in Ceylon in civil cases is based on the 
Roman-Dutch law, modified by local ordinances, on the English law of 
evidence, and, in most cases, on English maritime and commercial law. 
Due attention has also to be given to Kandyan law, to the law of the 
natives of Jaffna, and to the Mahommedan code. When a question 
arises the local ordinances should be first looked at, and, where they 
are silent, then the other laws above mentioned should be applied. 

In criminal matters the law is almost identical with the penal code of 

The procedure is simple, and the people are satisfied with the gen- 
eral administration of justice in the island. 


99. Prior to 1896 the resident in each State had an original jurisdic- 
tion in capital cases and an appellate jurisdiction in criminal and civil 
cases. Owing to the increase of business in the courts in each State, 
and as a consequence of the federation of the four States in 1895, a 
federal judicial officer was appointed, called the judicial conimissioner. 

The judicial commissioner has in all the States original jurisdiction 
in capital cases and an appellate jurisdiction from the decisions of the 
senior magistrate of each State in civil cases, where the amount 
involved is $500 or over, and in criminal cases where the person con- 
victed has been sentenced to a punishment of six months or over, or 
to a fine of $100 or over. The judicial commissioner is the only 
purely judicial officer in the States; the senior magistrates and the 
district magistrates are members of the civil service, but they have to 
pass examinations in law. 

100. In each State there is one senior magistrate, who is, as I have 
said, a civil official. He has a full jurisdiction in all matters, civil 
and criminal, and he sits as an appeal court from the decisions of 
the district magistrate. 

101. The district magistrates have a limited criminal jurisdiction 
and a somewhat extended civil jurisdiction. They hear appeals from 
the decisions of the "penghulus" in their districts. 

102. It is the duty, too, of the district magistrate to see that proper 
steps are taken by the police to trace and capture criminals, for he is 
the official responsible for peace and good order, his judicial duties 
being only a small portion of his responsibilities as senior civil officer 
of his district. 

103. The laws administered are the Straits penal code, which is very 
similar to the Indian penal code, and in civil matters the common law 
of England as modified by local ordinances, regulations, and so forth. 
Native laws and customs are always to be carefully considered and 
given weight to. The law of evidence is that prescribed by the Indian 
evidence act. 

104. The salary of the judicial commissioner is 9,600 Mexican dol- 
lars per annum. For the salary of the civil officials see paragraph 59. 


105. The courts for the administration of justice are the supreme 
court, court of requests, magistrates' courts, and justices' courts. 
The supreme court consists of a chief justice, with a j^early salary of 
12,000 Mexican dollars, and three other judges, with salaries of 8,400 


Mexican dollars. These are the only judicial officials properly so 
called, the other officials who administer justice being members of 
the civil service. 

106. The Straits Settlements are governed under local ordinances 
and acts of Parliament that may not be inconsistent therewith. Many 
of the Indian acts have been adopted by the colony and are in force 
there, in particular the Indian penal code, subject to a few modifica- 
tions. There is a civil-procedure code based on English procedure, 
but in a simplified form. 

Supplementary memorandum to my memorandum of October 6, 
giving further particulars of the administration of India, by setting 
forth in detail various statistics (civil and military) regarding two prov- 
inces, namely, (a) the Northwestern provinces and Oudh, and (h) 
Burma, and adding a note on the provincial civil service (see memo- 
randum, October 0, par. 13). 

Montague Kirkwood. 



I. — Area and population 251 

II. — Legislative Councils •. 252 

1. Northwestern provinces and Oudh 252 

2. Burma 252 

III.— Civil service 253 

1. Northwestern provinces and Oudh 253 

2. Burma 253 

IV. — Military forces : British and native troops 254 

V. —Prisons 254 

1. Northwestern provinces and Oudh 854 

2. Burma 256 

VI.— Forestry 257 

VII.— Education 258 

1. Northwestern provinces and Oudh 258 

2. Burma 258 

VIII.— Customs (Burma) 259 

IX. — Provincial civil service 260 

I. — Area and Population. 

The Northwestern provinces cover about 88,000 square miles and 
contain 35,000,000 people. 

Oudh contains about 24,000 square miles and 12,700,000 people. 

The united province of the Northwestern provinces and Oudh con- 
tains 112,612 square miles and has a population of 47,700,000. These 
figures are taken from the census of 1891, and as that census showed a 
gain of over 6 per cent on the census of 1881, it ma}^ be fairly assumed 
that the population is now over 50,000,000, or 444 inhabitants per 
square mile. 

Burma has an area of 183,485 square miles, of which Upper Burma 
has 95,654 square miles and Lower Burma 87,831. 

The population is now proba])ly over 10,000,000. In 1891 it was 
8,146,855. Taking the former figure, there would be 54 inhal^itants 
per square mile. 

252 kepokt of the philippine commission. 

11.^ — Legislative Councils. 


Number of councilors, 15 (7 official members, 8 nonofficial mem- 


[The names italicized are those of nonoflBcial members.] 

1. The Hon. Baja Ramoal Sink. ^ 

£. The Hon. Balm Sri Bam., Rai BahadAir. 

2. The Hmi. Lieut. Col. W. K Cooper, C. I. E. 

4. The Hon. Mr. J. O. Miller, I. C. S. 

5. The Hon. Mr. C. W. Odling, C. S. I. 

6. The Hon. Mr. J. Hooper, I. C. S. 

7. The Hon. Pandit Bishambhar JSfath. 

8. The Hon. Mr. H. F. Evans, C. S. I., I. C. S. 

9. The Hon. Mr. T. Conlan., Bar at Law. 

10. The Hon. Baja Balwant Singh., C. L. E. 

11. The Hon. Namah Mwntaz-ud-danla Mahammad Taivaz Ali 

12. The Hon. Maharaja Sir Partah Narayan Singh., K. C. L. L. 

13. The Hon. Mr. R. H. Macleod, I. C. S. 

14. The Hon. Mr. J. S. Meston, I. C. S. 

15. The Hon. Mr. D. T. Roberts, I. C. S. 

2. BURMA. 
Number of councillors, 9 (6 official members, 4 nonofficial members). 


[The names italicized are those of nonofficial members.] 

1. The Hon. Mr. J. E. Bridges, I. C. S. 

2. The Hon. Mr. E. S. Symes, C. I. E., I. C. S. 

3. The Hon. Mr. C. G. Bayne, I. C. S. 

4. The Hon. Mr. A. Pennycuick, C. I. E. 

5. The Hon. Mr. J. Macgregor. 

6. The Hon. U. Gaung, C. S. /., Ex-Kinwun Mingvi. 

7. The Hon. Hkun Saing, G. I. E.., Sawhwa of Hsipaw. 

8. The Hon. Mr. C. E. Fox, Bar at Law. 

9. The Hon. Mr. H. J. Richard, M. Inst, C. E. 



III. — Civil Service. 

Total num- 
ber of offi- 
cers (per- 
manent) . 

Eurasians) . 



(a) Indian civil service proper (including military and 
uneovenanted officers holding posts reserved for the 
members of the Indian civil service) 


































(6) Provincial civil service 














(c) Subordinate civil service 











1 Commissioners of divisions. 

2. BURMA. 

8 Mostly Eurasians. 

(a) Indian civil service proper (including military and 
uneovenanted officers holding posts reserved for mem- 



























2 37 











1 Commissioners of divisions. 

2 Mostly Eurasians. 

3 All Eurasians. 


IV. — Military Forces: British and Native Troops. 




I. Troops in the Bengal command 

II. Troops in the Northwestern Provinces and Oudh 

III. Troops in the Madras command 

IV. Troops in Burma 

22, 794 
13, 485 

32, 990 

15, 532 

29, 602 


43, 087 
12, 313 

Note.— The troops in the Northwestern provinces and Oudh form a part of the Bengal command, 
while those in Burma form a part of the Madras command. 

Effective services. 

Bengal com- 
mand budget, 
estimate for 

Troops in 
ern provinces 
and Oudh, 

Madras com- 
mand budget, 
estimate for 

Troops in 
Burma, ap- 

1 staflf 



2, 126, 200 



893, 480 
545, 880 







1, 569, 110 



1, '634, 170 

1, 660, 130 

429, 450 
833, 630 

478, 256 

2. Regimental pay, allowances, and charges. . 

3. Commissariat and clothing establishments; 


4. Remount and veterinary establishments; 

195, 653 

5. Medical establishments; supplies and serv- 


6. Ordnance establishments; stores and camp 


7. Barrack establishments; supplies and serv- 

130, 892 

8. Minor and miscellaneous 







V — Prisons. 

Nature of appointment. 

of officers 
nent) . 


Number of 



Inspector-general . 
Central jails .. 

District jails .. 


Central jails . 

District jails 

Deputy jailors: 
Central jails , 
District jails 

Assistant jailors: 
Central jails . 















1 Amount of allowance given to civil surgeons of district for charge of district jails. 

- Varies. 

3 One of them is superintendent of the reformatory school. 


1. Northwestern provinces and Oudh — Continued. 



Number of 



Nature of appointment. 

of oflBcers 



nent) . 




Central jails 


























District jails 


































Reformatory school 






Native doctors and compounders: 

Central jails 










District jails 













Reformatory school 




Attached to inspector-general's office 





















Central jails 
















District jails 


















Reformatory school . 







Central jails 




Reformatory school 









1. Northwestern provinces and Oudh — Continued. 

Nature of appointment. 

Number i 
of officers Monthly 

nent) . 


Inspector-general's office. 

Central jails. 
District jails 


Reformatory school. 



Number of 



2. BURMA. 

Inspector-general ' 


Central jails 

District jails 

Reformatory school 

Central jails 

District jails 

Native warders: 
Central jails 

District jails 

Reformatory school 

Establishment of inspector-general's office 




Hospital assistants: Central jails. 

























50- 80 
40- 50 
50- 80 
40- 50 

35- 40 

30- 35 

25- 30 

20- 26 




30- 35 

2.5- 30 

20- 25 




15- 20 
















1 This officer is also head of the medical department, to which department his pay is charged. 

2 These are civil surgeons holding collateral charge of central jails. 
3 These are civil surgeons in collateral charge of district jails. 

* Varies. 


1. Northwestern provinces and Oudh — Continued. 


Nature of appointment. 

of oflBcers 
nent) . 

Teachers: Reformatory school. 

Engine driver: Central jail . 


Number of vr„^v,-.- 

Europeans, Number 

including motives 

Eurasians. """v«>'- 



VI — Forestry. 

List showing the number of permanent officials employed in the forest department of the 
Northwestern provinces and Oudh and Burma. 

Branch of 




Northwestern Provinces 
and Oudh. 












2d .... 


2d .... 
4th ... 

2d .... 
























Deputy conser- 







Assistant conser- 



Total .. 





Extra deputy 

Extra assistant 

4th .. . 


2d .... 
3d .... 
4th ... 

















Total .. 








4th ... 
5th ... 
6th ... 












6 12 


6 25-350 


6 8-20 





















.. .do 




Deputy rangers. . 

























Grand total 







1 These are statutory natives, though of European extraction. 

2 Grades. ' 

3 Various. 

4 Northwestern Provinces and Oudh. 

5 Burma. 

6 Average. 

S. Doc. 138 17 



VII — Education. 

Nature of appointment of service. 

of officers 
nent) . 

Indian educational service. 

Provincial educational service. 

Local headmasters of Tilla school 

Principal training school 

Headmasters of normal schools 

Headmaster industrial school. . 


Monthly pay. 



1 1 on 2, 000 

Ion 1,2.50-1,500 

2 on 1,000-1, 2.50 

4 on 750-1,000 

500- 700 





















4 on 
1 on 

1 on 

6 on 

2 on 

4 on 

7 on 
2 on 
1 on 

5 on 
1 on 
7 on 
1 on 
1 on 
1 on 
1 on 
1 on 
1 on 


Number of 





» Includes post of director of public instruction. 
2. BURMA. 

Superior grades of educational department 

Assistant inspectors 

Deputy inspectors 


Principal amalgamated high and normal school 
Headmasters of high and middle schools 

Headmaster normal and practicing school 

Headmaster Government engineering school ... 

Editor vernacular school text-books 

Rangoon College 



,2.50-1,. 500 

2 on 


1 on 


1 on 

500- 700 


3 on 





7 on 


20 on 



2 on 




500- 650 


2 on 

300- 400 

4 on 



1 on 






1 on 



1 on 



600- 750 

1 on 

450- 550 

2 on 

lOO- 150 

' Includes post of director of public instruction. 



Vm — Customs (Burma). 

Statement shcming the number of permanent officials employed under the customs department 
in Burma, with their nationality and pay. 





pay in— 

Collector of customs, Akyab 

Head assistant and appraiser, Akyab 

Clerks, Akyab 

Cashier, Akyab 

Preventive officer: 

First grade, Akyab 

Third grade, Atyab 

Fourth grade, Akyab 

Collector of customs, Moulmein 

Assistant collector of customs and superintendent pre- 
ventive service, Moulmein. 

Head clerk and appraiser, Moulmein 

Clerk, Moulmein 




Cashier, Moulmein 

Preventive officer: 

Second grade, Moulmein 

Third grade, Moulmein 

Fourth grade, Moulmein ^ 

Collector of customs, Bassein , do 

Head clerk and appraiser, Bassein do 

Second clerk. Ba.ssein do 

Inspector, preventive service, Bassein do 

European 1 





1 European and 
1 native. 






Preventives, Bassein Eiu-opeans 

Clerk and preventive officer, Kyouk-phyu Native 

Clerk and preventive, Mergui European 

do I Native 

Preventive officer, seventh grade, Mergui European 

Clerk, Victoria Point Native 

Chief collector of customs, Rangoon Etnropean 

As.sistant collector and superintendent preventive service, do 


Superintendent, Rangoon ' do 

Clerk, Rangoon do 

do do 

do do 

do • 3 Europeans and 

1 native. 



Head cashier, Rangoon 

Assistant cashier, Rangoon 

Potdar, Rangoon 

Head appraiser. Rangoon 

Second appraiser, Rangoon 

Third appraiser, Rangoon do 

4 Europeans and 

1 native. 
6 Europeans and 

3 natives. 
2 Europeans and 

7 natives. 



Fourth appraiser, Rangoon do 

Fifth appraiser, Rangoon do 

Sixth appraiser, Rangoon ,- - -do 

Weighman, Rangoon Native 

Warehouse keeper, Rangoon European. 


First grade, Rangoon do 

Second grade, Rangoon do 

Third grade, Rangoon I do 


2 200 


3 70 



2 200 




































1 E^uropean in this list includes Eurasians. , • v 

2 The collector of customs at these places, who are also port officers, draw their pay of rank m the 
royal Indian marine (a50, 400, or 500 rupees) with a staff allowance of 320 rupees a month. In each 
case 200 rupees a month is debitable to pro\nncial for customs duty, and the balance is payable by 
the port funds concerned. The pay of rank of the present officers per month is shown below: 

^ Rupees. 

Akyab and Bassein ^ 

Moulmein ^"^ 



Statement showing the number of permanent officials employed, etc. — Continued. 





pay in- 

Preventive officers: 

Krst grade, Rangoon. . . 

Second grade, Rangoon 

Third grade, Rangoon.. 

Fourth grade, Rangoon 

Patrol officers, Rangoon 

Customs clerk, Sandoway . . 

Customs clerk, Tavoy 

Preventive officer, Tavoy. . . 













» 150 







European (including Eurasians) 93 

Native 31 

Total 124 

1 Each. 

IX. — Provincial. Civil Service. 

Admission to the provincial civil service is done either b}^ the appoint- 
ment of persons not alread}" in government service or b}" promotion 
from the subordinate civil service. 

The following are the qualifications generally regarded as indispensa- 
ble in the case of a person to be appointed to office who is not already 
in the government service: 

(1) That he is a natural-born subject of Her Majesty the Queen and 
Empress, or a subject of a native prince in alliance with Her Majesty. 

(2) That he has resided in the Province for at least three years and 
has a thorough knowledge of the vernacular. 

(3) That he is not under 20 nor over 25 years on his last birthday. 

(4) That he is of sound health, good phj^sique, and active habits. 

(5) That he is of good character. 

(6) That he possesses a minimum educational qualification equiva- 
lent to the entrance standard of an Indian university. 

Nominations for appointments have generally to be obtained from 
certain high officials of the Province and the candidates nominated 
have to furnish the following particulars: 

(1) Name. 

(2) Date and place of birth. 

(3) Period of residence in the Province. 

(4) Nationality. 

(5) Father's name, caste or religion, occupation, residence (if living). 

(6) Names of near relations in government service, if any, and ap- 
pointments hold by them. 

(7) Schools or colleges at which educated and for what periods. 

(8) Full particulars as to educational qualifications in English and 
in the vernacular, and degrees taken by the applicant. 

(9) Character and conduct supported b}^ certificates of schoolmasters 
or other responsible officials of government. 

(10) Particulars as to health, habits, and physique, and if able to ride 
or not. These to be supported by the statements of two responsible 
persons not related to the candidate. 


In making appointments to the provincial civil service (in cases 
other than those of promotion from the subordinate civil service) 
preference among those nominated and who possess the essential 
qualifications is given to natives of and persons domiciled in the Prov- 
ince, and special preference to those who are {a) members of families 
of tried loyalty and distinguished service and of good social status and 
influence in the country; (h) of superior educational attainments. 

It will be observed that the desire of Government is so far as possi- 
ble to have all posts in the provincial civil service filled by natives of 
good standing and position. In the statistics furnished of the mem- 
bers of the provincial ci\dl service of the Northwestern Provinces 
and Oudh and of Burma, nearly all those coming under the heading of 
Europeans (including Eurasians) are Eurasians. 

Exhibit IX. 


Headquarters Second Division, Eighth Arbiy Corps, 

Office Chief Surgeon, 
San Fernando, Phili^jpine Islands, August 17, 1899. 

Gentlemen: A recent issue of one of the local newspapers con- 
tains an invitation to those interested to forward to your honorable 
commission any fact, opinions, or suggestions relating to the establish- 
ment of a form of government best adapted to the people of the 
Philippine Islands, and in compliance with the invitation I take the 
liberty of submitting the following. 

Many of the customs, habits, and pleasures that the natives have 
been accustomed to and that have been legitimatized in the Orient for 
centuries should not be radically changed or prohibited for many 
years to come. I refer more particularly to cock fighting, gambling, 
the use of opium, and prostitution. These can all be tolerated and 
allowed under proper restriction, inspection, and regulations, but can 
never be prohibited. The attempt to prohibit will simply encourage 
the people to disobey the laws, scatter the evils (so-called by Ameri- 
cans) along the highwaj^s and byways, and the government will be 
minus a large source of revenue. Civil government and laws should 
supplant military rule as soon as possible after the present war is 
ended. All machinery, material, or live stock, etc., imported from 
the United States for the exploitation of plantations or manufactur- 
ing in the islands should be exempt from duties and also taxation for 
a certain niunber of years. 

The fact that the white man can not successfully perform manual 
labor in this climate, and that the Chinese are more reliable in this 
respect than the native, should not be overlooked. 

According to the Compendio de Geografia, by P. Francisco Bura- 
nera, S. J. , translated by Alexander Laist, the Philippine Archipelago 
has a population of about 9,000,000 people — one citv of which contains 
over 250,000 inhabitants, 30 with over 20,000, and 109 with over 10,000 
each. As near as I can learn, with the exception of Manila and a very 
few of the other larger cities, very little attention has been paid by 
the authorities to sanitation, hj^giene, or the prevention of preventible 
diseases. Smallpox is prevalent everywhere, and in this latitude and 
longitude is very fatal, especiall}' to whites. With the complete sys- 
tems of vaccination and isolation ol)taining in the United States the 
dangers of this dreaded scourge are there reduced to a minimum, and 


there is no good reason why the same conditions should not prevail 
here in a few 3'ears. The question of public health in our new pos- 
sessions is certainh" one of the most if not the most important to be 
considered when peace is finally established, and modern sanitary 
science should be introduced in no uncertain way, regardless of expense. 
It should be taught in the schools, and ever}" man, woman, and child 
in the archipelago vaccinated and revaccinated when necessary. If the 
same amount of public funds are expended for the public health that 
are usually appropriated for either police or fire protection the results 
will soon speak for themselves, and these beautiful islands from a 
healthful standpoint will be second to none in similar latitudes. But 
in order to bring about the desired result much attention should be 
given at the beginning to inaugurating, establishing, and maintaining 
a most complete department of health at the center of government, 
presumably Manila, modified forms of which can and should be intro- 
duced into all smaller cities, towns, callages, and rural districts. 

Herewith follows what I believe, from ten years' experience as a 
practical sanitarian, to be the best outline or skeleton for the organiza- 
tion of the central or general department of health. 

The personnel of the department of health should consist of the fol- 
lowing administrative officers and executive heads of different sections: 
The commissioner of health, the assistant commissioner of health, the 
sanitary engineer, and attorney. Sections: Officer in charge of sec- 
tion of general inspection; officer in charge of section of sanitation; 
officer in charge of section of contagious diseases; officer in charge of 
section of laboratory work; officer in charge of section of vital statis- 
tics; local inspectors, sanitary police, clerks, stenographers, watchmen, 
nurses, cooks, drivers, foremen, laborers, etc. 

The board of health should consist of the commissioner of health 
(who should be a physician of regular practice, president of the board, 
and chief executive officer of the department), the sanitary engineer, 
and the attorney. 

The assistant commissioner should be secretary of the board, and 
the engineer and attorney may be the general city engineer and attor- 
ney, this board being in addition to their regular duties. 

The assistant commissioner of health and the chief inspector of the 
department should each be a physician of regular practice. 

The duties of the chief inspector should be to inspect at regular or 
special intervals each of the departments of health in the Archipelago 
and make regular or special reports, with recommendations incident 
thereto, as required by the board. 

The section of sanitation should have jurisdiction over the follow- 
ing: Cleaning of streets, walks, alleys, etc.; collection and disposition 
of garbage, dead animals, night soil and contents of cesspools; sanitary 
inspection of houses, vessels, factories, schools, prisons, abattoirs, 
dairies, meat shops, bakeries, public water supply, wells, cisterns, etc. 

Section of contagious diseases should have jurisdiction over small- 
pox, leper, cholera, yellow fever, detention or other contagious dis- 
ease hospitals, quarantines, steam or other disinfecting plant, the 
vaccine farm, and general systematic vaccination; the systematic 
registration, examination, and certification of prostitutes. 

The laboratory section should be equipped to perform bacteriolog- 
ical, microscopical, pathological, and chemical (medico, legal or other- 
wise) services that any become necessary, 


The section of vital statistics should keep correct and systematic 
records of births, deaths, and marriages, issuing all marriage and 
burial permits, statistics of schools, factories, hospitals, asylums, 
prisons, etc. 

In selecting the personnel great care should be observed. The 
administrative officers, heads of sections, and many of the subordinates 
must, for a number of years at least, for obvious reasons, be whites. 
Competent, efficient men who have served with good records in the 
volunteers during this war desiring to remain on the islands should be 
given the preference. Better salaries should be paid both the military 
and civilians serving in the Tropics than for similar duties in the 
United States. A system of small fees can be arragned and collected 
for certain portions of the vast amount of inspection or other service 
controlled by the board of health, scarcely felt by the public, yet 
almost, if not entirely, pajdng the expense of the department. 

I can prepare and present on reasonable notice and time a very 
complete file of laws and ordinances suitable for the Tropics, covering 
the organization, maintenance, and regulations for a department of 
health, with or without fees. 

I would recommend that, before these and other exceedingly impor- 
tant questions bearing upon the anticipated government here are 
eventually decided upon and presented to Congress for final action, 
a commission be sent to examine caref ull}' into the different systems 
and methods now used by the English and Dutch in controlling their 
present oriental possessions, and report on same, thereby getting 
the cream of their years of valuable experience that, with the usual 
American enterprise, ma}^ possibly be improved upon. 

During an active militar}' service of about nine months in the Phil- 
ippines in the Medical Department I have met and interviewed a 
great many people, both natives of the country and foreigners that 
have resided here for many years, and the information gleaned from 
them, together with my personal observation, has led me to make the 
few suggestions contained herein extraneous to sanitary matters. 
While realizing that I have presented nothing new, I shall hope that 
this communication ma}^ be of some practical value in assisting you 
with your final report. 

I have the honor to remain, very respectfully, your obedient servant, 

Henry F. Hoyt, 
Ma^or and Chief Surgeon^ JJ. 8. V. 

Hon. Philippine Peace Commission, 

Manila^ Pkili])2nne Islands. 

Jacob Gould Schurman. 
George Dewey. 
Charles Denby. 
Dean C. Worcester. 
John R. MacArthur, 




In Volume II the following subjects will be discussed: 

1. GeogTiiphical situation, extent and limits of the Philippine Archi- 
pelago. Political divisions, with boundaries and important character- 
istics of each, as well as their products. 

2. Hydrography (ports, bays, straits, gulfs, rivers, and lakes; hot 
springs and medicinal waters). 

3. Orography (mountains and mountain chains, volcanoes). 

4. Climatolog3\ 

5. Ethnography. Under this head will be given all available infor- 
mation concerning the various tribes, both wild and civilized. 

6. Zoology, with special reference to useful animals and animal 

7. Botany, with special reference to useful plants and plant products, 
such as timber, hemp, vegetable gums, etc. 

8. Mineralog}^, with special reference to valuable mineral deposits. 

9. Seismology. The frequency and intensity of Philippine earth- 
quakes, their geographical distribution, and their distribution in time. 

10. Agriculture. 

11. Commerce. 

12. Marine and land communication. 

13. Public domain. 

14. Land tenure and hypothecation. 

15. Public franchises. 

Some other Special papers may be added. 

This volume will be slightly delayed in order to allow time for the 
receipt of important written testimony now in transit. 

Volume III and, if necessary, additional volumes will contain the 
testimony taken by the commission. 


The commission has obtained from the observatory at Manila a 
series of thirty valuable maps, prepared under the immediate direc- 
tion of the Jesuit fathers in charge of that institution. These maps 

S. Doc. 138 18 


are believed to embod}^ all existing geographic information concerning 
the various islands, and form a ver}" important contribution to knowl- 
edge of the archipelago. 

They make a comprehensive atlas of the group. They are at pres- 
ent in the hands of the engraver, and will appear shortly as a bulletin 
of the Coast and Geodetic Survey. They are as follows: 

1. General map of the far east, showing the position of the Philip- 
pine Islands with reference to neighboring countries. 

2. General map of the Philippine Archipelago. 

3. Orographic map of the Philippine Archipelago. 

4. Ethnographic map of the Philippine Archipelago. 

5. Northern Luzon. 

6. Central Luzon. 

7. Manila and neighboring provinces. 

8. Tayabas and Camarines provinces; Maranduque. 

9. Albay and Sorsogon provinces. 

10. North end of Luzon and Batanes, and Babuvanes Islands. 

11. Catanduanes Island. 

12. Mindoro and neighboring small islands. 

13. Tablas, Romblon, Sibuyan, and neighboring small islands. 
11. Masbate and Ticao. 

15. Samar and neighboring small islands. 

16. Leyte and neighboring small islands. 

17. Panay and neighboring small islands. 

18. Negros and neighboring small islands. 

19. Cebu and neighboring small islands. 

20. Bohol and neighboring small islands. 

21. General map of Mindanao and neighboring small islands. 

22. Mindanao, eastern portion. 

23. Mindanao, western portion. Also Basilan and the Sulu Archi- 

21. Palawan Island, northern portion, with the Calamianes and 
Cuyos groups, 

25. Palawan Island, southern portion. Balabac. 

26. Polillo Island and district of Infanta. 

27. Manila Bay and vicinity. 

28. San Juanica Strait (between Samar and Leyte). 

29. Map showing the frequency and distribution of earthquakes in 
the Philippines. 

30. The city of Manila. 


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